International Law Advisory - BIS Issues Final Rule to Reflect US Recognition of Montenegro as a Sovereign State

BIS Issues Final Rule to Reflect US Recognition of Montenegro as a Sovereign State
Today, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) by adding “Montenegro” and “Serbia” as separate countries. (See 71 Fed. Reg. 68438). This measure is in furtherance of the Department of State’s recognition of Montenegro as a sovereign state last summer and essentially reflects Montenegro’s legal separation from the state union of Serbia and Montenegro.

Specifically, today’s rule removes references to “Serbia and Montenegro” and adds “Montenegro” and “Serbia” in the following sections of the EAR:

1. Supplement No. 1 to part 738 of the EAR: the Commerce Country Chart is amended by removing “Serbia and Montenegro” and by adding “Montenegro” and “Serbia”.
   
2. Supplement No. 1 to part 740 of the EAR: Country Group B is amended by removing “Serbia and Montenegro” and adding “Montenegro” and “Serbia”.
   
3. Section 740.7(d)(1) of the EAR : the Computer Tier 3 destinations are amended by removing “Serbia and Montenegro” and adding “Montenegro” and “Serbia” for License Exception APP purposes.

These changes will not affect licensing requirements since the requirements that applied to “Serbia and Montenegro” are identical to those that now apply to “Montenegro” and “Serbia” as separate countries.

These changes to the EAR are effective as of today. Should you have any questions regarding this rule, please contact Ed Krauland at 202-429-8083.