On January 19, 2017, the Bureau of Industry and Security
("BIS") published a final rule regarding new support
documentation requirements with respect to exports to Hong
Kong.1 Hong Kong is officially part of the People's
Republic of China ("PRC"), but it is treated as a Special
Administrative Region and has autonomy over most of its
governmental affairs, including the maintenance of a separate
import and export control system. Because of this distinction, the
United States treats Hong Kong and the PRC as two separate
destinations for export purposes. This special treatment is
protected by the United States-Hong Kong Policy Act of
1992.2
The BIS rule went into effect on April 19, 2017 and requires
exporters that export or reexport to Hong Kong certain items
subject to the Export Administration Regulations ("EAR")
to obtain (and maintain), prior to export or reexport, a copy of a
Hong Kong import license or a written statement from the Hong Kong
government that such a
