On December 23, 2020, the Commerce Department’s Bureau of Industry and Security (“BIS”) amended the Export Administration Regulations (“EAR”), in further implementation of Executive Order 13936 (“EO 13936”), to remove provisions that provide differential and preferential treatment for exports, reexports, and transfers of items to Hong Kong as compared to China.
 
As a result of these changes, Hong Kong will be removed as a separate destination on the Commerce Country Chart and in other places in the EAR, which will affect license exception availability and certain licensing policies and requirements for Hong Kong.
 

The amendments are the latest step taken by the Trump Administration to eliminate Hong Kong’s differential and preferential treatment vis-à-vis mainland China and formalize or introduce conforming changes to the EAR implementing previously-issued guidance with respect to Hong Kong.

 
Our blog posts on prior steps taken to eliminate Hong Kong’s differential and preferential treatment under the EAR and EO 13936 are available here, here, and here.
 

The amendments to the EAR include the following significant changes or clarifications: