Published 2020
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12/28/2020
85 FR 84211
Amendment to Country Groups for Ukraine, Mexico and Cyprus Under the Export Administration Regulations
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the Country Group designations for Ukraine, Mexico and Cyprus. Specifically, in this rule, BIS moves Ukraine from Country Group D to Country Group B and adds Mexico and Cyprus in Country Group A:6. This rule also includes conforming changes.
12/23/2020
85 FR 83765
Removal of Hong Kong as a Separate Destination under the Export Administration Regulations
In this rule the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove the People’s Republic of China (PRC or China) Special Administrative Region of Hong Kong from the list of destinations in the EAR. The amendments implement Sections 2 and 3 of Executive Order 13936 of July 14, 2020, in response to new security measures imposed on Hong Kong by the government of China. These new measures fundamentally undermine Hong Kong’s autonomy increasing the risk sensitive U.S. technology and items will be diverted to unauthorized end uses and end users in China.
12/23/2020
85 FR 83793
Addition of ‘Military End User’ (MEU) List to the Export Administration Regulations and Addition of Entities to the MEU List
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding a new ‘Military End User’ (MEU) List that includes the first tranche of entities. The U.S. Government has determined that these entities are ‘military end users’ for purposes of the ‘military end user’ control in the EAR that applies to specified items for exports, reexports, or transfers (in-country) to the People’s Republic of China (China), Russia, and Venezuela when such items are destined for a ‘military end user.’ The existing ‘military end-use’ and ‘military end user’ controls under the EAR, including BIS’s authority to inform the public of a license requirement for an item due to an unacceptable risk of diversion to a ‘military end user’ via amendment to the EAR, are essential for protecting U.S. national security interests. The addition of the new MEU List via amendment to the EAR and this first tranche of entities is also responsive to requests received from the public. This final rule will add one hundred and three ‘military end users’ to the MEU List consisting of fifty-eight under China and forty-five under Russia. However, the establishment of the MEU List does not imply that other parties, not included on the list, are not subject to the ‘military end-use’ and ‘military end user’ controls under the EAR.
12/22/2020
85 FR 83416
Addition of Entities to the Entity List, Revision of Entry on the Entity List, and Removal of Entities from the Entity List , effective December 18, 2020
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding seventy-seven entities, under a total of seventy-eight entries, to the Entity List. These seventy-seven entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of the People’s Republic of China (China), Bulgaria, France, Germany, Hong Kong, Italy, Malta, Pakistan, Russia, and the United Arab Emirates (U.A.E.). This rule also revises one existing entry on the Entity list under the destination of China and one under the destination of Pakistan. Finally, this rule removes a total of four entities under the destinations of Israel and the U.A.E. The removals are made in connection with requests for removal that BIS received pursuant to the EAR and a review of information provided in those requests.
12/04/2020
85 FR 78684
Wassenaar Arrangement 2018 Plenary Decisions Implementation; and Other Revisions Related to National Security Controls; Correction
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by making corrections to address errors that were inadvertently introduced with the September 11, 2020, Federal Register publication of “Wassenaar Arrangement 2018 Plenary Decisions Implementation; and Other Revisions Related to National Security Controls (Final Rule)” (85 FR 56294). This rule is effective December 4, 2020.
11/18/2020
85 FR 73411
Revisions to Export Enforcement Provisions
In this final rule, the Bureau of Industry and Security (BIS) is amending and clarifying certain provisions of the Export Administration Regulations (EAR) to promote compliance with existing EAR requirements and implement the export enforcement portions of the Export Control Reform Act of 2018 (ECRA). ECRA affirmed existing authorities under the EAR and provided expanded export control authorities to the Secretary of Commerce (Secretary). BIS is also amending certain provisions of the EAR not strictly related to the implementation of ECRA concerning the issuance of licenses and denial orders and the payment of civil penalties.
11/6/2020
85 FR 71012
Commerce Control List: Proposed Controls on “Software” for the Operation of Certain Automated Nucleic Acid Assemblers and Synthesizers; Request for Comments.
This rule proposes to amend the Commerce Control List (CCL) by adding a new Export Control Classification Number (ECCN) 2D352 to control “software” capable of being used to operate nucleic acid assemblers and synthesizers controlled under ECCN 2B352 for the purpose of generating pathogens and toxins without the need to acquire controlled genetic elements and organisms. This “software” has been identified as a technology to be evaluated as an emerging technology, consistent with the interagency process described in Section 1758(a) of the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817(a)). Furthermore, if the changes proposed in this rule were to go into effect, ECCN 2E001 would control “technology” for the “development” of this “software.” Public comments submitted to BIS in response to this proposed rule will help BIS and other U.S. Government agencies to apply the criteria set forth in Section 1758(a) of ECRA and identify and assess the appropriate level of controls that should apply to this “software” and “technology.” Comments are due by December 21, 2020.
Amendments to National Security License Review Policy under the Export Administration Regulations
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the license review policy for items controlled for national security reasons destined to the People’s Republic of China (PRC), Venezuela, or the Russian Federation (Russia). With this revision, BIS and reviewing agencies will determine whether the export, reexport, or transfer (in-country) of items controlled for National Security (NS) reasons will make a material contribution to the “development,” “production,” maintenance, repair, or operation of weapons systems of the PRC, Venezuela, or the Russian Federation, as well as setting forth several factors that will be considered in reviewing license applications.
10/09/2020
85 FR 64014
Revisions to the Unverified List (UVL)
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing forty (40) persons from the Unverified List (‘‘UVL’’) and adding twenty-six (26) persons to the UVL. The 40 persons are removed from the UVL on the basis that BIS was able to verify their bona fides (i.e., legitimacy and reliability relating to the end use and end user of items subject to the EAR) on the basis of a successful end-use check or because the companies are no longer registered to do business in the country of listing and are no longer involved in U.S. exports. The 26 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control.
This rule is effective October 9, 2020.
10/09/2020
85 FR 64078
Identification and Review of Controls for Certain Foundational Technologies; Correction
On August 27, 2020, the Bureau of Industry and Security (BIS) published the advance notice of
proposed rulemaking (ANPRM), Identification and Review of Controls for Certain Foundational Technologies. This document makes a correction to the August 27 ANPRM to clarify that it
is permissible to submit confidential business information in response to the August 27 ANPRM, provided the submitter follows the submission requirements included in the ADDRESSES
section of this document. The August 27 ANPRM specified that comments must be received on or before October 26, 2020. This document extends the ANPRM’s comment period for fourteen
days, so comments must now be received on or before November 9, 2020.
10/06/2020
85 FR 63009
Controls on Exports and Reexports of Water Cannon Systems
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations to impose a license requirement on exports and reexports of water cannon systems for riot or crowd control and parts and components specially designed therefor. This action furthers U.S. foreign policy interests for crime control (CC) reasons and is intended to address the spread of violations of human rights globally by enabling the government to review covered exports and reexports worldwide, except to NATO member countries and certain other military allies. This change will also enable the Government to more effectively control exports of water cannons to the Hong Kong Police Force, consistent with a 2019 Congressional mandate to prohibit the licensing of such transactions. This rule also makes conforming amendments.
10/06/20
85 FR 63007
Amendment to Licensing Policy for Items Controlled for Crime Control Reasons
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by revising, in part, the licensing policy for items controlled for crime control (CC) reasons, which is designed to promote respect for human rights throughout the world. BIS also is amending the EAR to provide that, except for items controlled for short supply reasons, it will consider human rights concerns when reviewing license applications for items controlled for reasons other than CC. This revision is necessary to clarify to the exporting community that licensing decisions are based in part upon U.S. Government assessments of whether items may be used to engage in, or enable violations or abuses of, human rights including those involving censorship, surveillance, detention, or excessive use of force.
10/06/20
85 FR 63011
Information Sharing for Purposes of Judicial Review
The Bureau of Industry and Security (BIS) has the authority under the Export Control Reform Act of 2018 (ECRA) to enforce the Export Administration Regulations (EAR). This rule sets forth the procedure for classified national security information to be submitted ex parte and in camera to a court reviewing any agency action under the EAR. BIS is taking this action to safeguard national security information by ensuring that access to such information is controlled.
10/05/20
85 FR 62583
Implementation of Certain New Controls on Emerging Technologies Agreed at Wassenaar Arrangement 2019 Plenary This final rule implements multilateral controls on six recently developed or developing technologies, which were identified by the Wassenaar Arrangement (WA) December 2019 WA Plenary Meeting in a manner contemplated by the Export Control Reform Act of 2018 (ECRA) to identify emerging technologies that are essential to U.S. national security. The six emerging technologies are:
• Hybrid additive manufacturing (AM)/computer numerically controlled (CNC) tools (2B001),
• Computational lithography software designed for the fabrication of extreme ultraviolet (EUV) masks (3D003),
• Technology for finishing wafers for 5nm production (new ECCN 3E004),
• Digital forensics tools that circumvent authentication or authorization controls on a computer (or communications device) and extract raw data (5A004.b),
• Software for monitoring and analysis of communications and metadata acquired from a telecommunications service provider via a handover interface (5D001.e), and
• Sub-orbital craft (9A004.h, 9A515.a)
This rule harmonizes the CCL with the WA December 2019 Plenary Meeting agreements that pertain to these six technologies. As these six technologies are recently developed or developing technologies that are essential to the national security of the United States, early implementation of the applicable WA December 2019 Plenary agreements is warranted. The remaining WA 2019 Plenary agreements will be implemented in a separate rule.
9/22/20
85 FR 59419
Addition of Entities to the Entity List; Corrections to Certain Existing Entries on the Entity List
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding forty-seven entities, under fifty-one entries to the Entity List. These forty-seven entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities are located under the destinations of Canada, China, Hong Kong, Iran, Malaysia, Oman, Pakistan, Thailand, Turkey, United Arab Emirates, and the United Kingdom. This rule also corrects four existing entries on the Entity List under the destination of China.
9/11/2020
85 FR 56294
Wassenaar Arrangement 2018 Plenary Decisions Implementation; and other Revisions Related to National Security Controls.
This final rule revises the Commerce Control List (CCL) and other corresponding parts of the EAR, to implement changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies and Munitions List (WA Lists) maintained by the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2018 WA Plenary meeting. BIS published a final rule on May 23, 2019, implementing certain new controls on emerging technologies, as decided at the 2018 Plenary meeting. This rule harmonizes the CCL with the remaining decisions reached at the 2018 Plenary meeting by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, except Category 4. This rule also makes other associated changes to the EAR, as well as adjustments to license exception eligibility for national security-controlled items and revisions to reporting requirements.
BIS Final Rule
8/27/20
85 FR 52898
Addition of Entities to the Entity List, and Revision of Entries on the Entity List
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding sixty entities, under a total of sixty-one entries, to the Entity List. These sixty entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of the People’s Republic of China (China), France, Hong Kong, Indonesia, Malaysia, Oman, Pakistan, Russia, Switzerland and the United Arab Emirates (U.A.E.). This rule also revises five existing entries on the Entity list, one each under the destinations of Canada, Germany, Hong Kong, Iran, and the U.A.E.
8/27/2020
85 FR 52934
Identification and Review of Controls for Certain Foundational Technologies
The Bureau of Industry and Security (BIS) controls the export, reexport, and transfer (in-country) of dual-use and certain military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). Many items (commodities, software, and technology) subject to the jurisdiction of the EAR are listed on the CCL. Pursuant to the Export Control Reform Act of 2018, BIS and its interagency partners are engaged in a process to identify emerging and foundational technologies that are essential to the national security of the United States. Foundational technologies essential to the national security are those that may warrant stricter controls if a present or potential application or capability of that technology poses a national security threat to the United States. In order to determine if technologies are foundational, BIS will evaluate specific items, including items currently subject only to anti-terrorism (AT) controls on the CCL or those designated as EAR99. This Advance Notice of Public Rulemaking (ANPRM) seeks public comment on the definition of, and criteria for, identifying foundational technologies. Comments on this ANPRM will help inform the interagency process to identify and describe such foundational technologies.
8/20/20
85 FR 51335
Clarification of Entity List Requirements for Listed Entities When Acting as a Party to the Transaction under the Export Administration Regulations (EAR), effective August 17, 2020
BIS Final rule
In this final rule, the Bureau of Industry and Security (BIS) is clarifying the supplemental license requirements for parties listed on the Entity List pursuant to the Export Control Reform Act of 2018 (ECRA). Specifically, this final rule clarifies the Entity List’s supplemental licensing requirements to state that these end-user controls apply to any listed entity when that entity is acting as a purchaser, intermediate or ultimate consignee, or end-user as defined in the Export Administration Regulations (EAR).
8/20/20
85 FR 51596
Addition of Huawei Non-U.S. Affiliates to the Entity List, the Removal of Temporary General License, and Amendments to General Prohibition Three (Foreign-Produced Direct Product Rule), effective August 17, 2020
BIS Final rule
Huawei Technologies Co., Ltd. (Huawei) and a number of non-U.S. affiliates have been placed on the Entity List. In order to further address the continuing threat to U.S. national security and foreign policy interests posed by Huawei and its non-U.S. affiliates, BIS in this final rule is making three sets of changes to controls for Huawei and its listed non-U.S. affiliates under the EAR.
• First, BIS is adding additional non-U.S. affiliates of Huawei to the Entity List because they also pose a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States.
• Second, this rule removes a temporary general license for Huawei and its non-U.S. affiliates and replaces those provisions with a more limited authorization that will better protect U.S. national security and foreign policy interests.
• Third, in response to public comments, this final rule amends General Prohibition Three, also known as the foreign-produced direct product rule, to revise the control over certain foreign-produced items recently implemented by BIS. These revisions are consistent with the authority provided by the Export Control Reform Act of 2018 (ECRA).
07/31/2020
85 FR 45998
Revision to the Export Administration Regulations: Suspension of License Exceptions for Hong Kong
The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to suspend the availability of all License Exceptions for Hong Kong that provide differential treatment as compared to those available to the People’s Republic of China (PRC). As announced on BIS’s website on June 30, 2020, these License Exceptions are no longer available for exports and reexports to Hong Kong, and transfers within Hong Kong, of all items subject to the EAR. BIS is taking this action as part of revised U.S. policy toward Hong Kong in response to the newly imposed security measures on Hong Kong by the Chinese Communist Party. These new security measures undermine Hong Kong’s autonomy and thereby increase the risk that sensitive U.S. technology and items will be illegally diverted to unauthorized end uses and end users in the PRC or to unauthorized destinations such as Iran or North Korea. This rule includes saving clauses for items, including for deemed exports.
7/22/20
85 FR 44159
Entity List final rule published 7/22/20 (85 FR 44159)
This final rule amends the Export Administration Regulations (EAR) by adding eleven entities to the Entity List. These eleven entities have been determined by the United States Government to be acting contrary to the foreign policy interests of the United States and will be listed on the Entity List under the destination of the People’s Republic of China (China). This rule also modifies or revises thirty-seven existing entries on the Entity List under the destination of China
07/17/2020
85 FR 43532
Advanced Surveillance Systems and Other Items of Human Rights Concern
In this notice, the Department of Commerce (Department), Bureau of Industry and Security (BIS) seeks public comments on the list of items on the Export Administration Regulations’ (EAR) Commerce Control List (CCL) that are controlled for crime control and detection (CC) reasons to promote human rights throughout the world. The request for comments in this notice furthers the periodic review of items controlled for CC reasons and is intended to inform the agency’s decisions in updating (including additions and removals) items controlled for CC reasons on the CCL, as well as the related licensing requirements for such items. BIS takes this action pursuant to the Export Control Reform Act of 2018 (ECRA). Comments on this notice are due by September 15, 2020.
6/18/20
85 FR 36719
Release of ‘‘Technology’’ to Certain Entities on the Entity List in the Context of Standards Organizations
Huawei Technologies Co., Ltd. (Huawei) and 114 of its foreign affiliates were added to the Entity List by the Bureau of Industry and Security (BIS) in 2019, but continue to participate in many important international standards organizations in which U.S. companies also participate. As international standards serve as the building blocks for product development and help ensure functionality, interoperability, and safety of the products, it is important to U.S. technological leadership that U.S. companies be able to work in these bodies in order to ensure that U.S. standards proposals are fully considered. Since Huawei’s addition to the Entity List, organizations have consequently sought clarity about U.S. industry participation in standards development. BIS is amending the Export Administration Regulations (EAR) to authorize the release of certain technology to Huawei and its affiliates on the Entity List without a license if such release is made for the purpose of contributing to the revision or development of a ‘‘standard’’ in a ‘‘standards organization.’’ For the purpose of this interim final rule, a ‘‘standard’’ is as defined in Office of Management and Budget (OMB) Circular A–119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, and a ‘‘standards organization,’’ is the equivalent of a ‘‘voluntary consensus standards body’’ as defined in Office of Management and Budget (OMB) Circular A–119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. This interim final rule does not change the assessment of whether ‘‘technology’’ is subject to the EAR. BIS is requesting comments on the impact of these revisions.
This rule is effective June 18, 2020.
Submit comments on or before August 17, 2020.
6/17/2020
85 FR 36483
Implementation of the February 2020 Australia Group Intersessional Decisions: Addition of Certain Rigid-Walled, Single-Use Cultivation Chambers and Precursor Chemicals to the Commerce Control List.
This final rule amends the EAR to implement the decisions made at the February 2020 Australia Group (AG) intersessional implementation meeting, and those later adopted pursuant to the AG’s silence procedure. ECCN 1C350 is amended by adding twenty-four precursor chemicals to 1C350.d and alphabetically reordering the precursor chemicals listed in ECCN 1C350.d to reflect these additions. ECCN 1C351 is amended by adding the Middle East respiratory syndrome-related coronavirus (MERS-related coronavirus) to ECCN 1C351.a.30. The viruses in ECCN 1C351.a that were previously numbered, in alphabetical order, as .a.30 through .a.57 are renumbered as .a.31 through .a.58, respectively. ECCN 2B352 is amended by adding a Technical Note to indicate that cultivation chamber holding devices controlled in 2B352.b.2.b include single-use cultivation chambers with rigid walls. The addition of the twenty-four precursor chemicals to ECCN 1C350.d and the disposable cultivation chambers to ECCN 2B352.b.2.b by this final rule is consistent with the finding, in accordance with the “emerging technologies” interagency process authorized under the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-4852), that the imposition of export controls on these items is essential to the national security of the United States. Finally, although this rule does not amend ECCN 1D390, 1E001, 1E350, 1E351, 2E001, 2E002 or 2E301, “software” or “technology” related to the items added to the CCL by this rule is controlled under one or more of these ECCNs if such “software” or “technology” falls within the parameters of the controls described therein.
6/5/20
85 FR 34503
Addition of Entities to the Entity List, and Revision of Entry on the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding nine entities to the Entity List. These nine entities have been determined by the U.S. Government to be acting contrary to the foreign policy interests of the United States and will be listed on the Entity List under the destination of the People’s Republic of China (China). This rule also modifies two entries and revises one entry on the Entity List under the destination if China.
6/5/20
85 FR 34495
Addition of Entities to the Entity List, and Revision of Entry on the Entity List
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-four entities, under twenty-five entries, to the Entity List. These twenty-four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The entities are located under the destination of the People’s Republic of China (China), Hong Kong and the United Kingdom (U.K.). This rule also modifies three existing entries on the Entity List under the destination of China.
06/03/2020
85 FR 34306
Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela
Final rule, effective June 29, 2020 (Correction)
This correction rule makes no changes to the content of the Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela final rule published April 28, 2020 (85 FR 23460)
The April 28 rule revised portions of Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) (Supplement No. 1 to part 774).
The April 28 rule published only the revised portions of each ECCN; this correction publishes each revised ECCN in full in accordance with prescribed formatting.
Export Administration Regulation: Amendments to General Prohibition Three (Foreign-Produced Direct Product Rule) and the Entity List
This rule amends General Prohibition Three, also known as the foreign-produced direct product rule, by exercising existing authority under the Export Control Reform Act of 2018 (ECRA), to impose a new control over certain foreign-produced items, when there is knowledge that such items are destined to a designated entity on the Entity List. A foreign-produced item is subject to the new control if the entity for which the item is destined has a footnote 1 designation in the Entity List. This rule also applies this new control to Huawei Technologies Co., Ltd. (Huawei) and its non-U.S. affiliates listed as entities. The Bureau of Industry and Security (BIS) is requesting comments on the impact of this rule.
05/18/2020
85 FR 29610
Temporary General License: Extension of Validity, effective May 15, 2020
The U.S. Government has decided to extend through August 13, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of May 15, 2020, and substitute the date of August 13, 2020
BIS Rule
04/28/2020
85 FR 23496
Modification of License Exception Additional Permissive Reexports (APR); Proposed rule
The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by modifying License Exception Additional Permissive Reexports (APR). Specifically, BIS is proposing to remove provisions which authorize reexports of certain national security-controlled items on the Commerce Control List (CCL) to gain better visibility into transactions of national security or foreign policy interest to the United States.
BIS Proposed Rule
04/28/2020
85 FR 23470
Elimination of License Exception Civil End Users (CIV)
Final Rule, effective June 29, 2020
04/28/2020
85 FR 23459
Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela
Final rule, effective June 29, 2020
In this final rule, The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to expand license requirements on exports, reexports, and transfers (in-country) of items intended for military end use or military end users in the People’s Republic of China (China), Russia, or Venezuela. Specifically, this rule expands the licensing requirements for China to include ‘‘military end users,’’ in addition to ‘‘military end use.’’ It broadens the list of items for which the licensing requirements and review policy apply and expands the definition of ‘‘military end use.’’
Next, it creates a new reason for control and the associated review policy for regional stability for certain items exported to China, Russia, or Venezuela, moving existing text related to this policy. Finally, it adds Electronic Export Information filing requirements in the Automated Export System for exports to China, Russia, and Venezuela.
04/02/20
85 FR 18438
Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Notifying the Public of the Bureau’s Interim Measures with Respect to March 6, 2020 Court Order
The Bureau of Industry and Security (BIS) is publishing this notification to alert the public of the Bureau’s interim measures with respect to a court order issued on March 6, 2020.
BIS Notification of court order
State Notification of preliminary injunction
Request for Comments on Future Extensions of Temporary General License (TGL), effective March 25, 2020
The Bureau of Industry and Security (BIS) issued a notification of inquiry requesting comments on future extensions of a temporary general license under the Export Administration Regulations (EAR), published in the Federal Register on March 12, 2020 with the comment period starting on the date of display on the public inspection list on March 10, 2020 and closing on March 25, 2020. This notice reopens the comment period through April 22, 2020. Comments submitted anytime between March 10, 2020 and April 22, 2020 will be accepted and considered.
03/16/20
85 FR 14794
Addition of Entities to the Entity List, and Revision of Entry on the Entity List
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-four entities to the Entity List. These twenty-four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of the People’s Republic of China (China), Iran, Pakistan, Russia and the United Arab Emirates (U.A.E.). This rule also revises five existing entries on the Entity list, one each under the destinations of France, Iran, Lebanon, Singapore and the United Kingdom.
03/12/20
85 FR 14428
Request for Comments on Future Extensions of Temporary General License (TGL), effective March 10, 2020
The Bureau of Industry and Security (BIS) is requesting comments on future extensions of a temporary general license under the Export Administration Regulations (EAR). BIS is requesting these comments to assist the U.S. Government in evaluating whether the temporary general license should continue to be extended, to evaluate whether any other changes may be warranted to the temporary general license, and to identify any alternative authorization or other regulatory provisions that may more effectively address what is being authorized under the temporary general license. Comments must be received by BIS no later than March 25, 2020.
03/12/20
85 FR 14416
Temporary General License: Extension of Validity, effective March 10, 2020 BIS Final rule
The U.S. Government has decided to extend through May 15, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of April 1, 2020, and substitute the date of May 15, 2020.
03/06/20
85 FR 13009
Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations (correcting amendment)
The Bureau of Industry and Security (BIS) publishes this document to correct a final rule published in the Federal Register on February 24, 2020 (February 24th rule), in which BIS
amended the Export Administration Regulations (EAR) to revise the Country Group designations for the Russian Federation (Russia) and Yemen based on national security and foreign policy concerns, including proliferation-related concerns. This document corrects the
final rule to provide an instruction to remove Yemen from Country Group B, as was described in the preamble of the February 24th rule. This correction is effective March 6, 2020 and is applicable on February 24, 2020.
02/24/20
85 FR 10274
Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the Country Group designations for the Russian Federation (Russia) and Yemen based on national security and foreign policy concerns, including proliferation-related concerns. This action is intended to facilitate and support accountability in connection with exports and reexports of items to these destinations under the EAR, and is part of a larger effort to restructure and re-align the Country Groups based on the aforementioned interests.
02/18/20
FR 8722
Temporary General License: Extension of Validity, effective February 13, 2020 BIS Final rule
The U.S. Government has decided to extend through April 1, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 16, 2020, and substitute the date of April 1, 2020.
01/23/20
85 FR 4136
Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control under the United States Munitions List (USML)
On May 24, 2018, the Department of Commerce published a proposed rule in conjunction with a Department of State proposed rule to revise Categories I (firearms, close assault weapons and combat shotguns), II (guns and armaments), and III (ammunition/ordnance) of the USML and transfer items that no longer warrant control on the USML to the Commerce Control List (CCL). This final rule responds to and adopts changes based on the comments received on the Commerce proposed rule and is being published simultaneously with a final rule by the Department of State that will revise Categories I, II, and III of the USML to describe more precisely the articles warranting continued control on that list. These revisions complete the initial review of the USML that the Department of State began in 2011 and the conforming changes made to the EAR to control these items not warranting control under the International Traffic in Arms Regulations (ITAR).
BIS Rule
State Rule
Category I-III Myths and Facts
State Transition Guidance for Revisions to Categories I, II and III
01/06/20
85 FR 459
Addition of Software Specially Designed to Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series
In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose a license requirement for the export and reexport of those items to all destinations, except Canada. Specifically, this rule classifies software specially designed to automate the analysis of geospatial imagery, as specified, under the Export Control Classification Number (ECCN) 0Y521 series, specifically under ECCN 0D521. BIS adds this item to the 0Y521 series of ECCNs upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, and other agencies as appropriate, that the items warrant control for export because the items may provide a significant military or intelligence advantage to the United States or because foreign policy reasons justify control, pursuant to the ECCN 0Y521 series procedures.
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10/6/2020
85 FR 63011
Information Sharing for Purposes of Judicial Review
The Bureau of Industry and Security (BIS) has the authority under the Export Control Reform Act of 2018 (ECRA) to enforce the Export Administration Regulations (EAR). This rule sets forth the procedure for classified national security information to be submitted ex parte and in camera to a court reviewing any agency action under the EAR. BIS is taking this action to safeguard national security information by ensuring that access to such information is controlled.