Hong Kong Entry will be treated as China under EAR

The Bureau of Industry and Security (BIS) published a final rule in the Federal Register that removed Hong Kong from the Commerce Country Chart and Hong Kong entry will now be China under the Export Administration Regulations (EAR).

The EAR final amendment with regard to Hong Kong also includes

  • Amends several license exception and licensing policies; and
  • All Hong Kong entities will be removed from the Hong Kong entry list
  • Adds a note to 758.1(b)(10) requiring EEI filing for exports of items on the Commerce Control List to Hong Kong.

The rule also includes a savings clause, which states that “Shipments of items that may no longer be made under No License Required (NLR) as a result of this action and were on dock for loading, on lighter, laden aboard an exporting or transferring carrier, or en route aboard a carrier to a port of export or reexport on December 23, 2020, pursuant to actual orders for export to Hong Kong, reexport to Hong Kong, or transfer within Hong Kong may proceed to their destination under NLR January 22, 2021.”

Detail of the Federal Register can be found from below link

https://www.federalregister.gov/documents/2020/12/23/2020-28101/removal-of-hong-kong-as-a-separate-destination-under-the-export-administration-regulations