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ARTICLE · 23 JANUARY 2017

U.S.-India Partnership: BIS Establishes Licensing Policy Of General Approval, Expands Validated End-User Program

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On January 19, 2017, the Department of Commerce's Bureau of Industry and Security (BIS) published new regulations that establish a licensing policy of general approval for exports or reexports...

United StatesInternational Law
Thomas McCarthy
Thomas McCarthy
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Key Points 

  • License applications to export to India most military, satellite and other items subject to the EAR will be presumptively approved.
  • The Commerce Department has expanded its VEU program to include the production of military items in India.
  • Neither amendment changes the policies regarding nuclear, missile, or chemical or biological weapons items or activities.
  • These changes reflect the Obama administration's implementation of India's status as a "Major Defense Partner."

On January 19, 2017, the Department of Commerce's Bureau of Industry and Security (BIS) published new regulations that establish a licensing policy of general approval for exports or reexports to, or transfers within, India for most military, satellite and other items subject to the Export Administration Regulations (EAR) that do not involve weapons of mass destruction. Specifically, the items at issue in the new policy are those that are controlled for "National Security" or

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