On 27 December 2016, the U.S. Department of Commerce/Bureau of Industry Security (BIS) published a final rule which substantially eases the U.S. dual-use export controls against Burma (Myanmar).
The final rule amends the Export Administration Regulations (EAR – 15 C.F.R. Parts 730-774) (re)export restrictions against Burma. This amendment is consistent with President Obama’s (controversial) drive to ease trade restrictions with the Asian country (Executive Order 13742, which was issued in October 2016).
E.O. 13742 ended the U.S. national emergency declared with respect to Burma (Myanmar) under the IEEPA, along with several sanctions programs targeted against Burma (Myanmar) administered by the U.S. Department of Treasury/OFAC.
However, the country still remains subject to an U.S. arms embargo (under ITAR), certain Burmese persons remain designated on OFAC’s List of Specially Designated Nationals under other sanctions programs unrelated to Burma/Myanmar (e.g. programs related to North Korea and narcotics trafficking).
Further, it should be noted that not all EAR restrictions are lifted.