t of these proposed rules, including any unintended consequences, by September 27, 2024.BIS published two proposed rules amending the Export Administration Regulations (“EAR”) (89 Fed. Reg. 60985 and 89 Fed. Reg. 60998), which would expand the current scope of the military and military-intelligence end use and end user controls in EAR Part 744. The expanded rules would capture almost all U.S. origin goods and technology involving certain end users and end uses, as well as add new controls on military support and foreign security end users. Significantly, the proposed rules also would impose controls on U.S. persons providing “support” to these types of end users and military production activities. In addition, BIS proposes adding new controls on certain facial recognitions systems and related software and technology that would control those items for export, reexport, or transfer to all countries other than close allies of the United States.DDTC concurrently published a proposed rule (89 Fed. Reg. 60980) revising the definition of defense services in the International Traffic in Arms Regulations (“ITAR”) to clarify the scope of the definition and enumerating certain controlled defense services related to the furnishing of intelligence and military assistance, regardless of whether a defense article is involved.KEY QUESTIONS AND ANSWERSWhat changes does BIS propose to the current military end use and end user controls? BIS proposes significantly expanding the military end use and end user control at EAR Section 744.21 to any item subject to the EAR, including non-controlled items designated as “EAR99.” Currently, for Burma, Cambodia, China, Nicaragua, and Venezuela, only certain identified items listed in Supplement No. 2 to Part 744 are captured by the control. As proposed by the amended rule, no person could export, reexport, or transfer (in-country) any item subject to the EAR with knowledge that it is intended, entirely or in part, for one of the following: “military end use” th