The U.S. Commerce Department has added China’s Academy of Military Medical Sciences (AMMS) and 11 of its affiliated research institutes to the Entity List, thereby prohibiting exports, reexports and in-country transfers of American technology subject to the Export Administration Regulations (EAR) to these institutions without a government license. The Entity List identifies entities that the U.S. government has reasonable cause to believe have been involved, are involved or pose a significant risk of being or becoming involved in activities contrary to the national security or foreign policy interests of the United States. The Biden-Harris administration announced that the addition of AMMS and other Chinese entities was in response to China’s efforts to “develop and deploy biotechnology and other technologies for military applications and human rights abuses,” referring in part to China’s surveillance and repression of the Uyghur minority. 

U.S. universities and research institutions directly or indirectly engaged in scientific collaboration with AMMS (e.g., via an institutional collaboration agreement, or a U.S. researcher with a dual appointment at AMMS or who is otherwise working with an AMMS researcher) will need to carefully assess whether covered items are at risk of export, reexport or in-country transfers, and take appropriate measures. 

The AMMS affiliated research institutes are: (1) Institute of Health Service and Medical Information; (2) the Institute of Radiation and Radiation Medicine; (3) the Institute of Basic Medicine; (4) the Institute of Hygiene and Environmental Medicine; (5) the Institute of Microbiology and Epidemiology; (6) the Institute of Toxicology and Pharmacology; (7) the Institute of Medical Equipment; (8) the Institute of Bioengineering; (9) the Field Blood Transfusion Institute; (10) the Institute of Disease Control and Prevention; and (11) the Military Veterinary Research Institute. 

The Final Rule is available here.