The .y paragraphs and military end use rules

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1. The .y license requirement

Under the Export Administration Regulations (EAR), the .y paragraphs of the 600 series carry a narrower regional stability (RS) control than the rest of each entry. A license is required to export or reexport to China, Russia or Venezuela any item described in a .y paragraph of a 9x515 or 600 series Export Control Classification Number (ECCN) (15 CFR 742.6(a)(7)). Exports or reexports to Russia for use in, with or for the International Space Station, including launch to the station, are excepted.

The ECCN tables route .y items to that rule. In ECCN 0A606, for example, the table lists RS for 0A606.y against China, Russia or Venezuela, with a reference to the regional stability section (ECCN 0A606). The general RS and national security (NS) Column 1 controls and the United Nations controls in the same entry exclude .y.

2. How .y applications are reviewed

For China or Venezuela, .y applications are judged case by case on whether the transaction runs against United States national security or foreign policy interests (15 CFR 742.6(b)(8)). Arms embargo policy under section 126.1 of the International Traffic in Arms Regulations (ITAR) also applies to the review. The same paragraph sets a policy of denial for China only for items classified under 9x515.y ECCNs.

Applications for Russia or Belarus follow the licensing policy of section 746.8(b) of the EAR (15 CFR 742.6(b)(9)). That review also weighs the promotion of human rights as a foreign policy interest, and it follows United States arms embargo policies.

3. De minimis for .y content

Foreign-made items containing U.S.-origin .y items from 9x515 or 600 series entries have no de minimis level when going to Country Group E:1 or E:2 (15 CFR 734.4(a)(6)(ii)). Belarus, China and Russia are treated the same way. Some .y paragraphs cover whole end items. ECCN 9A610.y.29, for example, covers military aircraft whose first manufacture fell between 1946 and 1955, if they meet that paragraph’s conditions (ECCN 9A610.y).

4. The military end use rule

A separate rule applies in addition to the license requirements for items specified on the Commerce Control List (15 CFR 744.21(a)). It requires a license for any item listed in supplement no. 2 to part 744 where there is knowledge that the item is intended, entirely or in part, for a military end use in Burma, Cambodia, China, Nicaragua or Venezuela (15 CFR 744.21(a)(1)). The requirement also covers a Burmese, Cambodian, Chinese, Nicaraguan or Venezuelan military end user, wherever located. Outside those countries, military end users of those nationalities are limited to the entities on the Military End-User List in supplement no. 7.

For Belarus and Russia the rule is wider, covering any item subject to the EAR where there is knowledge of a military end use or military end user (15 CFR 744.21(a)(2)). Belarusian or Russian military end users located outside those countries are limited to entities on the Entity List with a footnote 3 designation and a reference to the section. A note states that supplement no. 7 is not an exhaustive listing of military end users in Burma, Cambodia, China, Nicaragua or Venezuela (15 CFR 744.21).

5. What military end use means

Military end use includes incorporation into a military item described on the U.S. Munitions List, or into items under ECCNs ending in A018 or under 600 series ECCNs (15 CFR 744.21(f)). It also includes any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development or production of those military items.

Military end user means the national armed services, namely the army, navy, marine, air force and coast guard, together with the national guard and national police (15 CFR 744.21(g)). It also covers government intelligence or reconnaissance organizations, other than those described in section 744.22(f)(2), and anyone whose actions or functions are meant to support military end uses. Knowledge, under the definitions section, includes an awareness of a high probability, inferred from the conscious disregard of known facts or a person’s willful avoidance of facts (15 CFR 772.1).

6. Affiliates, notice and exceptions

The rule extends the Military End-User List and Entity List restrictions to foreign affiliates owned 50 percent or more by listed entities (15 CFR 744.21(a)(3)). An effective date note states that this paragraph, the introductory text of paragraph (b)(2) and the last sentence of paragraph (d) were stayed, effective until November 9, 2026 (15 CFR 744.21).

The Bureau of Industry and Security may inform exporters, by specific notice or through a published amendment or notification in the Federal Register, that a license is required (15 CFR 744.21(b)). The absence of such notification does not excuse the exporter from compliance with the license requirements. The section allows exports under License Exception Governments and international organizations (GOV), as set out in section 740.11(b)(2)(i) and (ii) (15 CFR 744.21(c)). Applications must include a statement that the application is submitted because of the license requirement in the section (15 CFR 744.21(d)). License Exception Strategic Trade Authorization may not be used in lieu of any license requirement imposed by part 744 (15 CFR 740.20(b)(2)(i)).

7. Review policy

Applications for items requiring a license under the first paragraph, for the five named countries, are reviewed with a presumption of denial (15 CFR 744.21(e)(1)). Applications under the second paragraph, for Belarus and Russia, are reviewed with a policy of denial, except for food and medicine designated as EAR99, which are reviewed case by case unless the Entity List states otherwise. Any license application for a military end use or military end user in the named countries is also subject to that review policy (15 CFR 744.21(e)(3)). For Venezuela, the rule does not apply to transactions under contracts signed before November 7, 2014 (15 CFR 744.21(h)). Licensing policy more generally is set out in license review policy for 600 series items.

Key terms

.y items	Listed parts and items that need a license only to China, Russia or Venezuela under RS.
Military end use	Incorporation into, or support of, USML, A018 or 600 series items.
Military end user	National armed services, national guard, national police and supporting entities.
Military End-User List	Supplement no. 7 to part 744, listing military end users outside the named countries.
Presumption of denial	The review standard for the five named countries under the rule.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

End use screening is part of every shipment abroad. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.