Published 2013

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Publication Date	Federal Register Citation	Title of Federal Register
12/31/13	78 FR 79600	Removal of One Person from the Entity List
12/19/13	78 FR 76738	Updated Statements of Legal Authority for the Export Administration Regulations
12/19/13	78 FR 76741	Revisions to the Export Administration Regulations (EAR): Unverified List (UVL)
12/12/13	78 FR 75485	Addition of Certain Persons to the Entity List; Amendment of Entity List entries; and Removal of One Person from the Entity List Based on a Removal Request
11/20/13	78 FR 69535	Amendments to Existing Validated End-User Authorizations in the People’s Republic of China
10/4/13	78 FR 61874	Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
10/3/13	78 FR 61744	Revisions to the Export Administration Regulations (EAR): Initial Implementation of Export Control Reform; Correction
9/11/13	78 FR 55664	Revisions to the Export Administration Regulations (EAR): Unverified List (UVL)
9/6/13	78 FR 54752	Addition and Revision to the List of Validated End-Users in the People’s Republic of China
8/9/13	78 FR 48601	Time Limit for Completion of Voluntary Self-Disclosures and Revised Notice of the Institution of Administrative Enforcement Proceedings
7/25/13	78 FR 45026	Second proposed rule – Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML).
7/23/13	78 FR 43972	Amendments to the Export Administration Regulations: Implementation of Limited Syria Waiver for Reconstruction Assistance
7/16/13	78 FR 42430	Revisions to the Export Administration Regulations Based on the 2012 Missile Technology Control Regime Plenary Agreements
7/10/13	78 FR 41291	Additions to the List of Validated End-Users in the People's Republic of China: Samsung China Semiconductor Co. Ltd. and Advanced Micro-Fabrication Equipment, Inc., China
6/20/13	78 FR 37372	Wassenaar Arrangement 2012 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports
7/08/13	78 FR 40892	Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items that the President Determines No Longer Warrant Control under the United States Munitions List
6/20/13	78 FR 37372	Wassenaar Arrangement 2012 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports
6/05/13	78 FR 33692	Implementation of the Understandings Reached at the 2012 Australia Group (AG) Plenary Meeting and the 2012 AG Intersessional Decisions; Changes to Select Agent Controls.
6/03/13	78 FR 32981	Addition, Removals, and Revisions to the List of Validated End-Users in the People’s Republic of China
5/24/13	78 FR 31431	Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML).
4/19/13	78 FR 23472	Amendments to Existing Validated End-User Authorizations: CSMC Technologies Corporation in the People’s Republic of China (PRC)
4/16/13	78 FR 22660	Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform
3/28/13	78 FR 18814	Amendment to the Export Administration Regulations: List of Items Classified Under Export Control Classification 0Y521 Series – Biosensor Systems.
3/28/13	78 FR 18808	Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; Implementation of Entity List Annual Review Changes.
3/08/13	78 FR 14914	Addition of Certain Persons to the Entity List.
2/28/13	78 FR 13463	Editorial Corrections to the Export Administration Regulations This final rule corrects reference and typographical errors in the Export Administration Regulations (EAR). The corrections are editorial in nature and do not affect license requirements.Many of the errors these revisions correct only appear in the CFR and not the BIS EAR. However, this Federal Register Notice officially modifies the EAR. Therefore, the revision date in the footer will be changed even if no change is made to the BIS EAR file.
1/31/13	78 FR 6750	Proposed Revisions to the Export Administration Regulations (EAR): Articles the President Determines No Longer Warrant Control under the U.S. Munitions List that are Related to Launch Vehicles, Missiles, Rockets, and Military Explosive Devices.
1/16/13	78 FR 3319	Amendments to Existing Validated End User Authorizations: Advanced Micro Devices China, Inc., Lam Research Corporation, SK hynix Semiconductor (China) Ltd., and SK hynix Semiconductor (Wuxi) Ltd. in the People’s Republic of China; Clarification of Scope of Entries in Supplement
1/16/13	78 FR 3317	Removal of Persons From the Entity List Based on Removal Request; Implementation of Entity List Annual Review Changes; and Implementation of Modifications and Corrections to the Entity List

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12/31/13
78 FR 79600
Removal of One Person from the Entity List
PDF Format

This rule removes one person in Russia from the Entity List, along with entries for this person under Germany and Taiwan. This person is being removed from the Entity List as a result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with § 744.16 of the Export Administration Regulations (Procedure for requesting removal or modification of an Entity List entity), and further review conducted by the End-user Review Committee.

 

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12/19/13
78 FR 76738
Updated Statements of Legal Authority for the Export Administration Regulations
PDF Format

This rule revises the authority citation paragraphs for the Export Administration Regulations (EAR) that appear at the beginning of each EAR part in the Code of Federal Regulations so that those paragraphs will cite the most recent Presidential notices on which authority for the EAR is, in part, based. BIS is publishing this rule so that authority citations in the next annual CFR compilation will be up-to-date. This is a purely procedural rule that does not alter any right, obligation or prohibition that applies to any person under the EAR.

 

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12/19/13
78 FR 76741
Revisions to the Export Administration Regulations (EAR): Unverified List (UVL)

PDF Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by: requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (the ''Unverified List'' or UVL); suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL; requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to the EAR the procedures to request removal or modification of a UVL entry.

These changes to the UVL enhance the U.S. Government's ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject to the EAR and provide the U.S. Government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be verified.

 

                    

12/12/13
78 FR 75485

Addition of Certain Persons to the Entity List; Amendment of Entity List entries; and Removal of One Person from the Entity List Based on a Removal Request

PDF Format

This rule amends the Export Administration Regulations (EAR) by adding thirty-six persons under forty-six entries to the Entity List, revising three existing entries, and removing one entry. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule is also revising one existing entry under Sweden to correct the entry by providing an address for this listed person under the destination of Estonia, and revising two entries in Canada, the first by removing two addresses, and the second by updating an address. Lastly, this rule removes one person in Russia from the Entity List. This person is being removed from the Entity List as a result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedures for requesting removal or modification of an Entity List entity, and further review conducted by the ERC.

 

                    

11/20/13
78 FR 69535

Amendments to Existing Validated End-User Authorizations in the People’s Republic of China
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise existing authorizations for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China), Semiconductor Manufacturing International Corporation (SMIC), SK hynix Semiconductor (China) Ltd. (SK hynix China) and SK hynix Semiconductor (Wuxi) Ltd. (SK hynix Wuxi) (collectively "SK hynix") in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add two items and remove one item from the list of eligible items for VEU Samsung China, add a facility to the list of eligible destinations and two items to the list of eligible items for VEU SMIC, and update the addresses of the facilities used by VEU SK hynix China and VEU SK hynix Wuxi.

 

 

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10/4/13
78 FR 61874

Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
PDF format

This final rule implements changes to make the Commerce Control List (CCL) clearer, specifically changes that can be made to the CCL without requiring changes to multilateral export control regime guidelines or lists. This final rule also makes conforming changes and minor clarifications as a result of the publication of two final rules implementing the Export Control Reform Initiative: the April 16, 2013 final rule entitled Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform; and the July 8, 2013 final rule entitled Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items that the President Determines No Longer Warrant Control under the United States Munitions List. Lastly, this final rule revises shipping tolerances for export licenses. This rule is effective on October 15, 2013, except that amendatory instructions 25, 28, 31 and 35.c to Supplement No. 1 to part 774 are effective January 6, 2014.

 

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10/3/13
78 FR 61744

Revisions to the Export Administration Regulations (EAR): Initial Implementation of Export Control Reform; Correction
PDF format

The Bureau of Industry and Security (BIS) is correcting a final rule that appeared in the Federal Register of April 16, 2013 (78 FR 22660). As part of the Export Control Reform (ECR) Initiative, the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC), Department of State, have published multiple proposed amendments to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively, to strengthen national security by fundamentally reforming the export control system. The final rule implements the initial ECR changes by adding a structure and related provisions to control munitions items that the President has determined no longer warrant export control on the U.S. Munitions List (USML) on the Commerce Control List (CCL), specifically aircraft, gas turbine engines, and related items. The final rule was published in conjunction with a Department of State document that revises the USML so that upon the effective date of both documents, the USML and CCL and corresponding regulatory structures will be complementary. The Department of State is also correcting today their final rule that appeared in the Federal Register of April 16, 2013 (78 FR 22740). This rule is effective October 15, 2013.

 

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9/11/13
78 FR 55664

Revisions to the Export Administration Regulations (EAR): Unverified List (UVL)
PDF format

The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by: requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (the ‘‘Unverified List’’ or UVL); suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL; requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to the EAR the procedures to request removal or modification of a UVL entry. Comments must be received no later than October 11, 2013.

 

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09/06/13
78 FR 54752
PDF format

Addition and Revision to the List of Validated End-Users in the People’s Republic of China

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add an end-user in the People’s Republic of China (PRC) to the list of Validated End-Users (VEUs). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add Intel Semiconductor (Dalian) Ltd. (Intel Dalian) as a VEU. With this rule, exports, reexports and transfers (in-country) of certain items to two Intel Dalian eligible destinations are now authorized under Authorization VEU. BIS also amends Supplement No. 7 to part 748 to change the name of an existing VEU in the PRC, from Lam Research Corporation to Lam Research Service Co., Ltd.

 

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08/9/13
78 FR 48601
PDF format

Time Limit for Completion of Voluntary Self-Disclosures and Revised Notice of the Institution of Administrative Enforcement Proceedings

This rule will require persons making an initial notification of a voluntarily self-disclosed violation to complete the comprehensive narrative account required by Section 764.5 of the EAR within 180 days of BIS' receipt of the initial notification. The Director of the Office for Export Enforcement will be able to authorize extensions of this deadline if U.S. government interests would be served by an extension or upon a showing by the party making the disclosure that more time is reasonably necessary to complete the narrative account. The rule also will allow BIS to use a commercial courier or delivery service to notify respondents of issuance of a charging letter. The effective date of this rule is September 9.

 

 

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07/25/13
78 FR 45026
PDF format

Second proposed rule – Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML).

This proposed rule describes how military electronics and certain cryogenic and superconductive equipment designed for installation in military vehicles that the President determines no longer warrant control on the United States Munitions List would be added to the Commerce Control List. It is being published simultaneously with a related State Department propose rule entitled Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List and Definition for "Equipment." Comments on both rules are due on September 9, 2013. These proposed rules reflect the interagency review of the public comments on earlier proposed rule on the same subject.

 

 

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07/23/13
78 FR 43972

Amendments to the Export Administration Regulations: Implementation of Limited Syria Waiver for Reconstruction Assistance 
PDF format

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement a limited waiver, published by the Secretary of State on June 12, 2013, of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (the SAA). The waiver authorizes BIS to issue licenses on a case-by-case basis for the export or reexport of certain commodities, software, and technology necessary for the support of the Syrian people.  Specifically, consistent with Section 5(b) of the SAA, Executive Order 13338 of May 11, 2004 and the International Emergency Economic Powers Act (IEEPA), BIS implements the waiver by amending its Syria licensing policy under the EAR. BIS will review licenses on a case-by-case basis for the export or reexport of certain commodities, software, and technology, including, but not limited to, those related to water supply and sanitation, agricultural production and food processing, power generation, oil and gas production, construction and engineering, transportation, and educational infrastructure, as a means of helping to address the critical needs of the Syrian people and facilitating reconstruction. These exports are necessary to support a political transition, restore stability, and counter destabilizing influences in the region, and are therefore essential to the national security of the United States.

 

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07/16/13
78 FR 42430

Revisions to the Export Administration Regulations Based on the 2012 Missile Technology Control Regime Plenary Agreements
PDF format

This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2012 Plenary in Berlin, Germany, and at the MTCR Reinforced Point of Contact (RPOC) meeting in Paris, France, in December 2011. This final rule revises six Export Control Classification Numbers (ECCNs) (1C011, 1C111, 1C116, 9A101, 9B105 and 9E101) and one defined term (the definition of "payload") to implement the changes that were agreed to at the meetings. This final rule also revises ECCNs 7E004 and 9D004 to better align the Commerce Control List (CCL) with the MTCR Annex and past MTCR agreements.

 

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07/10/13
78 FR 41291

Additions to the List of Validated End-Users in the People's Republic of China: Samsung China Semiconductor Co. Ltd. and Advanced Micro-Fabrication Equipment, Inc., China
Commerce PDF format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations to add two end-users in the People's Republic of China to the list of Validated End-Users (VEU). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add Samsung China Semiconductor Co. Ltd. (Samsung China) and Advanced Micro-Fabrication Equipment, Inc., China (AMEC) as VEUs. With this rule, exports, reexports and transfers (in-country) of certain items to one Samsung China facility and one AMEC facility are now authorized under Authorization VEU.

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07/08/13
78 FR 40892

Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items that the President Determines No Longer Warrant Control under the United States Munitions List
Commere  PDF format | State PDF Format

This rule adds the Commerce Control List military vehicles, vessels of war, submersible vessels, oceanographic equipment, auxiliary military equipment and related items that the President has determined no longer warrant control on the United States Munitions List (USML). This rule was published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Categories VII, VI, XX, and XIII (22 CFR § 121.1) to control those articles the President has determined warrant control in those Categories of the USML. Both rules are part of the President’s Export Control Reform Initiative. The revisions in this final rule are also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563. This rule is effective January 6, 2014.

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06/20/13
78 FR 37372

Wassenaar Arrangement 2012 Plenary Agreements Implementation:  Commerce Control List, Definitions, and Reports
PDF Format

This final rule revises the Commerce Control List (CCL) of the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by 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 2012 WA Plenary Meeting (the Plenary).   This rule harmonizes the CCL with the changes made to the WA List at the Plenary by revising 37 ECCNs controlled for national security reasons in each category of the CCL, except category 8, as well as amending the General Software Note, WA reporting requirements, and definitions section in the EAR.  BIS is also adding unilateral controls to the CCL for specific software and technology for aviation control systems, which the WA agreements removed from the WA List, i.e., EAR national security controls.

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06/05/13
78 FR 33692

Implementation of the Understandings Reached at the 2012 Australia Group (AG) Plenary Meeting and the 2012 AG Intersessional Decisions; Changes to Select Agent Controls.
PDF Format

This rule amends the Export Administration Regulations (EAR) to: (1) implement the understandings reached at the June 2012 plenary meeting of the Australia Group (AG); (2) implement the recommendations presented at the AG intersessional implementation meeting, in February 2012, and adopted pursuant to the AG silent approval procedure; and (3) reflect recent changes to the controls maintained by the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, and the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services, on the possession, use, and transfer of certain select biological agents within the United States.

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06/03/13
78 FR 32981

Addition, Removals, and Revisions to the List of Validated End-Users in the People’s Republic of China
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to improve the display and readability of the list of Validated End-Users (VEU) and their respective eligible items and destinations; revise the existing VEU listing for the People’s Republic of China (PRC) to add one end-user, Shanghai Huahong Grace Semiconductor Manufacturing Corporation, Ltd. (HHGrace); remove two end-users, Grace Semiconductor Manufacturing Corporation (GSMC) and Shanghai Huahong NEC Electronics Company, Ltd. (HHNEC); and update the list of eligible items for CSMC Technologies Corporation (CSMC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove GSMC and HHNEC as a result of the merger of the two companies to create HHGrace, which is being added as a VEU. With this rule, exports, reexports and transfers (in-country) of certain items to three facilities of HHGrace are now authorized under Authorization VEU. In addition, BIS is updating CSMC’s list of eligible items in Supplement No. 7 to part 748. These actions are not being taken in response to activities of concern. Rather, the actions are being taken at the companies’ request.

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05/24/13
78 FR 31431

Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML).
PDF Format

This proposed rule describes how spacecraft and related items (Category XV) that the President determines no longer warrant control on the United States Munitions List would be added to the Commerce Control List. It is being published simultaneously with a related State Department propose rule entitled Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV and Definition of “Defense Service.” PDF Comments on both rules are due by July 8, 2013.;

 

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4/19/13
78 FR 23472

Amendments to Existing Validated End-User Authorizations: CSMC Technologies Corporation in the People’s Republic of China (PRC)
PDF ||Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Authorization Validated End-User (VEU) listing for CSMC Technologies Corporation (CSMC) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to update VEU CSMC’s current list of "eligible destinations."

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4/16/13
78 FR 22660

Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform
|| PDF Format

As part of the Export Control Reform (ECR) Initiative, the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC), Department of State, have published multiple proposed amendments to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively, to strengthen national security by fundamentally reforming the export control system. This final rule implements the initial ECR changes by adding a structure and related provisions to control munitions items that the President has determined no longer warrant export control on the U.S. Munitions List (USML) on the Commerce Control List (CCL), specifically aircraft, gas turbine engines, and related items. This rule is being published in conjunction with a Department of State rule that revises the USML so that upon the effective date of both rules, the USML and CCL and corresponding regulatory structures will be complementary. The revisions in this final rule are also part of Commerce’s retrospective regulatory review plan under EO 13563, which Commerce completed in August 2011. This final rule is effective October 15, 2013. 

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3/28/13
78 FR 18814

Amendment to the Export Administration Regulations: List of Items Classified Under Export Control Classification 0Y521 Series – Biosensor Systems
|| PDF Format

In this interim final rule, the Bureau of Industry and Security amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies specified biosensor systems, "software" and "technology" under Export Control Classification Numbers 0A521, 0D521 and 0E521, respectively, on the Commerce Control List.  As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012 (77 FR 22191), items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons.　 The only license exception available for these items is for official use by personnel and agencies of the U.S. Government.

 

 

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03/28/13
78 FR 18808

Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; Implementation of Entity List Annual Review Changes
|| PDF Format

This rule amends the Export Administration Regulations (EAR) by adding eighteen persons to the Entity List (Supplement No. 4 to Part 744) under nineteen entries. These persons have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States on the basis of § 744.11 of the EAR. These persons will be listed on the Entity List under China, Germany, Hong Kong, Ukraine, and United Arab Emirates. This rule also revises one entry under Germany to clarify the scope of the entry by providing two additional alternate addresses for the listed person. This rule further removes one entry under Canada as the result of a successful removal request. Finally, this rule notifies the public that the End-User Review Committee (ERC) has completed Annual Reviews of Afghanistan, Greece, India, Russia, and Ukraine and that no changes are being made to the Entity List as a result of these reviews. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited

 

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3/08/13
78 FR 14914

Addition of Certain Persons to the Entity List
|| PDF Format

This rule amends the Export Administration Regulations (EAR) by adding three entries to the Entity List for one person who has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under Germany, Russia, and Taiwan.

 

 

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2/28/13
78 FR 13463

Editorial Corrections to the Export Administration Regulations
|| PDF Format

This final rule corrects reference and typographical errors in the Export Administration Regulations (EAR). The corrections are editorial in nature and do not affect license requirements.

Many of the errors these revisions correct only appear in the CFR and not the BIS EAR. However, this Federal Register Notice officially modifies the EAR. Therefore, the revision date in the footer will be changed even if no change is made to the BIS EAR file.

This final rule corrects reference and typographical errors in the Export Administration Regulations (EAR). The corrections are editorial in nature and do not affect license requirements

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1/31/13
78 FR 6750

Proposed Revisions to the Export Administration Regulations (EAR): Articles the President Determines No Longer Warrant Control under the U.S. Munitions List that are Related to Launch Vehicles, Missiles, Rockets, and Military Explosive Devices.
|| PDF Format

This proposed rule describes how articles the President determines no longer warrant control under the United States Munitions List (USML) Category IV would be controlled on the Commerce Control List (CCL).  These articles, which are related to launch vehicles, missiles, rockets, torpedoes, bombs, mines, and other military explosive devices enumerated in USML Category IV, would be controlled under new Export Control Classification Numbers (ECCNs) 0A604, 0B604, 0D604, 0E604, 9A604, 9B604, 9D604, and 9E604 on the CCL.  In addition, this proposed rule would amend ECCNs 0D001, 0E001, 9B115, 9B116, 9D001, 9D002, 9D003, 9D104, 9E001, 9E002, 9E101, and 9E102 to make clarifications and conforming changes based on the proposed addition of the aforementioned 0x604 and 9x604 ECCNs to the CCL and proposed amendments by the Department of State, Directorate of Defense Trade Controls, to the list of articles controlled by USML Category IV.  The public comment period for this proposed rule will close on March 18, 2013.  This rule was published in conjunction with a proposed rule of the Department of State, Directorate of Defense Trade Controls, that would amend the list of articles controlled by USML Category IV.

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1/16/13
78 FR 3319

Amendments to Existing Validated End User Authorizations: Advanced Micro Devices China, Inc., Lam Research Corporation, SK hynix Semiconductor (China) Ltd., and SK hynix Semiconductor (Wuxi) Ltd. in the People’s Republic of China; Clarification of Scope of Entries in Supplement
|| PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Authorization Validated End-User (VEU) listings for four VEUs in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to update VEU Advanced Micro Devices China Inc.’s (AMD China) current list of eligible destinations. BIS also amends the authorization of VEU Lam Research Corporation (Lam) by updating the addresses of ten eligible destinations and reformatting the list of Lam’s existing eligible destinations into groups associated with specific eligible items. BIS also updates the EAR to amend the addresses and lists of eligible items for VEUs SK hynix Semiconductor (China) Ltd. and SK hynix Semiconductor (Wuxi) Ltd. Finally, BIS amends Supplement No. 7 to part 748 of the EAR to include language reminding exporters that the language in the Supplement does not supersede other requirements in the EAR. These amendments to the authorizations of the named VEUs are not the result of activities of concern. The respective changes were prompted by factors arising from the companies’ normal course of business or are being done at the request of the companies.

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1/16/13
78 FR 3317

Removal of Persons From the Entity List Based on Removal Request; Implementation of Entity List Annual Review Changes; and Implementation of Modifications and Corrections to the Entity List
|| PDF Format

This rule amends the Export Administration Regulations (EAR) by removing two persons from the Entity List (Supplement No. 4 to Part 744), as the result of a request for removal submitted by these two persons. In addition, on the basis of the annual review conducted by the End User Review Committee, this rule amends the Entity List to remove two entries from the United Arab Emirates (U.A.E.). Finally, this rule modifies two existing entries to correct the scope of those entries, including removing a redundant entry that was inadvertently added in a final rule.

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Published 2015

Rules published in other years: 2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 2017 | 2016 | 2014 | 2013 | 2012 | 2011 

Publication Date	Federal Register Citation	Title of Federal Register
12/28/15	80 FR 80643	Russian Sanctions: Addition of Certain Persons to the Entity List
12/26/15	80 FR 80710	Guidance on Charging and Penalty Determinations in Settlemetn of Administrative Enforcement Cases, Revisions of Supplement No. 1 to Part 766 of the Export Administration Regulations
12/09/15	80 FR 76383	Updated Statements of Legal Authority for the Export Administration Regulations
12/03/15	80 FR 75633	Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; Correction
11/16/15	80 FR 70676	Amendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 Items
11/12/15	80 FR 69852	Addition of Certain Persons and Modifiation of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List
10/28/15	80 FR 65931	Amendments to Existing Validated End-User Authorizations in the People’s Republic of China
10/09/15	80 FR 61137	Commerce Control List: Request for Comments Regarding Controls on Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment.
10/07/15	80 FR 60529	Revisions to the Unverified List (UVL)
9/21/15	80 FR 56898	Enhancing Support for the Cuban People
9/18/15	80 FR 34266	Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction
9/02/15	80 FR 52962	Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; Correction
9/02/15	80 FR 52963	Addition of Certain Persons to the Entity List
8/26/15	80 FR 51725	Export Administration Regulations: Removal of Special Comprehensive License Provisions (final rule)
8/07/15	80 FR 47402	Russian Sanctions: Addition to the Entity List to Prevent Violations of Russian Industry Sector Sanctions (final rule)
7/28/15	80 FR 44846	Addition of Certain Persons to the Entity List; and Removal of Certain Persons from the Entity List Based on Removal Requests
7/22/15	80 FR 43314	Cuba: Implementing Recission of State Sponsor of Terrorism Designation
7/13/15	80 FR 39950	Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control under the United States Munitions List (USML)
6/17/15	80 FR 34562	Commerce Control List:  Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)
6/16/15	80 FR 34266	Implementation of the Australia Group (AG) November 2013 Intersessional Decisions
6/04/15	80 FR 31834	Addition of Certain Person to the Entity List (final rule)
6/03/15	80 FR 31505	Revisions to Definitions in the Export Administration Regulations (proposed rule)
5/22/15	80 FR 29529	Updated Statements of Legal Authority for the Export Administration Regulations.
5/22/15	80 FR 29530	Russian Sanctions:  Revisions and Clarifications for Licensing Policy for the Crimea Region of Ukraine (final rule)
5/22/15	80 FR 29554	Additional Improvements and Harmonization of Export Clearance Provisions (advanced notice of proposed rulemaking)
5/22/15	80 FR 29551	Revisions to the Export Administration Regulations (EAR):  Harmonization of the Destination Control Statements (proposed rule)
5/21/15	80 FR 29431	Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments  (final rule)
5/20/15	80 FR 28853	Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)
5/05/15	80 FR 25798	Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
4/23/15	80 FR 22638	Addition of Certain Persons to the Entity List
4/07/15	80 FR 18522	Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements
3/13/15	80 FR 13210	Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
3/5/15	80 FR 11863	BIS Rule - Amendment to Existing VEU Authorization in the PRC-Samsung China Semiconductor
3/2/15	80 FR 11315	Notice of Inquiry Request for Comments Regarding Controlss on Military Aircraft and Military Gas Turbine Engines
2/18/15	80 FR 8524	Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
2/18/15	80 FR 8520	Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan
2/18/15	80 FR 8519	Updated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015
2/9/15	80 FR 6948	Notice of Foreign Availability Determination on Dry Etch Equipment
1/29/15	80 FR 4779	Revisions to the Unverified List (UVL)
1/29/15	80 FR 4776	Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine
1/23/15	80 FR 3463	U.S.-India Bilateral Understanding: Additional Revisions to the U. S. Export and Reexport Controls Under the Export Administration Regulations
1/16/15	80 FR 2286	BIS Cuba Rule as printed in FR 2015-00590

 

 

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                     12/28/15
80 FR 80643

Russian Sanctions:  Addition of Certain Persons to the Entity List

PDF Format

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding sixteen persons under seventeen entries to the Entity List.  The sixteen persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine.  These persons will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Cyprus, Luxembourg, Panama, Russia, Switzerland, and the United Kingdom.  Lastly, this final rule includes a clarification for how entries that include references to § 746.5 on the Entity List are to be interpreted.

 

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                     12/26/15
80 FR 80710

Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases, Revision of Supplement No. 1 to Part 766 of the Export Administration Regulations

PDF Format

This proposed rule would revise Supplement No. 1 to Part 766 of the Export Administration Regulations setting forth the factors BIS considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations. Comments on this proposed rule are due no later than February 26, 2016.

 

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                      12/09/15
80 FR 76383

Updated Statements of Legal Authority for the Export Administration Regulations.

PDF Format

This rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act.  This is a non-substantive rule that only updates authority paragraphs of the EAR.  It does not alter any right, obligation or prohibition that applies to any person under the EAR.

 

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                     12/03/15
80 FR 75633

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; Correction

PDF Format

This correction rule revises the Commerce Country Chart by implementing revisions that BIS inadvertently omitted from the "Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments" rule published on May 21, 2015 (80 FR 29442) ("May 21 rule"), for Argentina and South Africa. This rule also implements the Wassenaar Arrangement (WA) agreement to make a clarification to the control text for rebreathing equipment that BIS inadvertently did not make in the May 21 rule. A license requirement note indicating jurisdiction is corrected and a related control note is clarified in an entry on the CCL controlling space launch vehicles and "spacecraft," "space buses," "spacecraft payloads," etc., as the range of the reference was incorrectly stated in the May 21 rule. The reference concerning jurisdiction for "specially designed" parts, components, systems and structures, for launch vehicles, launch vehicle propulsion systems or "spacecraft" is corrected in the CCL entry controlling such items in this rule.

In addition, this rule makes one minor correction to remove Fiji from Column D:5 "U.S. Arms Embargoed Countries," as well as from Country Group D, because Fiji is not listed under any other column within Country Group D and because the Department of State published a final rule that revised the International Traffic in Arms Regulations (ITAR) to rescind the previous policy of denying the export of defense articles and defense services to Fiji.

Lastly, this rule removes an outdated reference in the Definitions part of the EAR.

 

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                      11/16/15
80 FR 70676

Amendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 Items

PDF Format

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 on those items a license requirement for export and reexport to all destinations, except Canada.  Specifically, this rule classifies the specified XBS Epoxy System under Export Control Classification Number (ECCN) 0C521 on the Commerce Control List (CCL).  As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control.  The items identified in this rule are controlled for regional stability (RS) Column 1 reasons.  The only license exception available for these items is for exports, reexports, and transfers (in-country) made by or consigned to a department or agency of the U.S. Government.  In this rule, BIS also removes technology and software related to aircraft wing folding systems. Comments are requested on the addition of the 0C521 item only and must be received by January 15, 2016.

 

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                      11/12/15
80 FR 69852

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding seven persons under ten entries to the Entity List. The seven persons who are added to the Entity List 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 persons will be listed on the Entity List under the destinations of China and Hong Kong. This final rule also removes two persons from the Entity List. One entity requested removal from the Entity List in accordance with the procedure for requesting removal or modification of an Entity List entity. The End-User Review Committee (ERC) decided to remove this entity following a review of information provided in the removal request. The ERC decided to remove a second person from the Entity List following a proposal submitted by an ERC member agency, in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies ten existing entries on the Entity List consisting of one entry under China and nine entries under Hong Kong to provide additional or modified addresses and/or aliases for these persons.

 

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                     10/28/15
80 FR 65931

Amendments to Existing Validated End-User Authorizations in the People’s Republic of China

PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorizations for Validated End Users Advanced Micro-Fabrication Equipment, Inc., China (AMEC) and Applied Materials (China), Inc. (AMC) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add one item to AMEC’s list of eligible items that may be exported, reexported or transferred (in country) to the company’s eligible facility in the PRC, and to add a facility and an item to Validated End User AMC’s list of eligible destinations and eligible items.

 

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10/09/15
80 FR 61137

Commerce Control List: Request for Comments Regarding Controls on Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment

PDF Format

State Department Notice

The Bureau of Industry and Security, U.S. Department of Commerce, and the Directorate of Defense Trade Controls, U.S. Department of State, are each seeking public comments on the implementation of export control reform with respect to military vehicles (USML Category VII and ECCNs 0A606, 0B606, 0C606, 0D606, and 0E606); vessels of war (USML Category VI and ECCNs 8A609, 8B609, 8C609, 8D609, and 8E609); submersible vessels and oceanographic equipment (USML Category XX and ECCNs 8A620, 8B620, 8D620, and 8E620); and auxiliary and miscellaneous military equipment (USML Category XIII and ECCNs 0A617, 0B617, 0C617, 0D617, and 0E617). Comments are due no later than December 8, 2015.

 

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10/07/15
80 FR 60529

Revisions to the Unverified List (UVL)

PDF Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twelve (12) persons to the Unverified List (the ‘‘Unverified List’’ or UVL), adding additional addresses for four (4) persons currently listed on the UVL, and removing two (2) persons from the UVL. The 12 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. New addresses are added for four current UVL persons because BIS has determined they are receiving U.S. exports at addresses not previously included in their UVL listings. Finally, two persons are removed from the UVL based on BIS’s ability to verify those person’s bona fides through the successful completion of end-use checks.

 

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9/21/15
80 FR 56898

Enhancing Support for the Cuban People

This rule amends the Export Administration Regulations (EAR) to expand the scope of License Exception Support for the Cuban People (SCP) to facilitate engagement between the U.S. and Cuban people; the free flow of information to, from, and among the Cuban people; and independent economic activity generated by Cuba’s private sector. It also makes temporary sojourns of most vessels to Cuba eligible for License Exception Aircraft, Vessels and Spacecraft (AVS). Additionally, this rule creates a case-by-case review policy of license applications to export and reexport to Cuba items to ensure the safety of civil aviation and safe operation of commercial passenger aircraft. Finally, it amends the deemed export and deemed reexport license requirements for releases of technology and source code to Cuban nationals. This rule was published simultaneously with a related Department of the Treasury, Office of Foreign Assets Control Rule.

BIS Rule Treasury Rule

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9/18/15
80 FR 34266

Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction

PDF Format

This technical corrections rule amends the Export Administration Regulations (EAR) to correct typographical errors contained in a final rule published in the Federal Register on June 16, 2015 (80 FR 34266).  That final rule amended the EAR to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure.

 

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09/02/15 
                     

Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; Correction

PDF Format

This rule makes certain consumer communications devices eligible for temporary export and reexport to Sudan as tools of trade under license exception TMP.

 

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09/02/15 
80 FR 52963

Addition of Certain Persons to the Entity List

PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding twenty-nine persons under thirty-three entries to the Entity List.  The twenty-nine persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine.  These persons will be listed on the Entity List under the destinations of Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom.  This final rule also revises the reference to Crimea (occupied) on the Entity List to conform to other references in the EAR that refer to the Crimea region of Ukraine.

 

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8/26/15
80 FR 51725

Export Administration Regulations: Removal of Special Comprehensive License Provisions

PDF Format

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Comprehensive License (SCL) authorization. Based on changes to the EAR as part of Export Control Reform, BIS concludes that the SCL has outlived its usefulness to the exporting public since recent changes to the EAR permit exporters to accomplish similar results using individual licenses and without undertaking the more onerous SCL application. This rule also makes conforming amendments. These changes are part of BIS’s efforts to further update export controls under the EAR consistent with the Retrospective
Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. This rule is effective September 25, 2015.

 

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08/07/15 
80 FR 47402

Russian Sanctions: Addition to the Entity List to Prevent Violations of Russian Industry Sector Sanctions

PDF Format

This final rule amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on certain Russian energy projects. Specifically, in this rule, the Bureau of Industry and Security (BIS)
amends the EAR by adding a Russian oil and gas field, the Yuzhno-Kirinskoye Field located in the Sea of Okhotsk, to the Entity List. This Russian field is reported to contain substantial reserves of oil in addition to reserves of gas. The U.S. Government has determined, therefore, that exports, reexports, and transfers (in-country) of all items subject to the EAR to this Russian field by any person without first obtaining a BIS license present an unacceptable risk of use in, or diversion to, the activities specified in the Russian industry sector sanctions. Thus, as part of the BIS ‘‘is informed’’ process, this final rule adds this Russian field to the Entity List to further implement the Russian industry sector sanctions. This Russian field will be listed on the Entity List under the destination of Russia. This final rule clarifies the introductory text of the Entity List to specify that the embargoes and other special controls part of the EAR is also used to add entities to the Entity List. Lastly, this final rule makes a change to the Russian industry sector sanctions by clarifying the additional prohibition on those informed by BIS also includes end-uses that are within the scope of the Russian Industry sector sanctions.

 

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07/28/15
80 FR 44846

Addition of Certain Persons to the Entity List; and Removal of Certain Persons from the Entity List Based on Removal Requests

PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding ten persons to the Entity List.  The ten persons who are added to the Entity List 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 ten persons will be listed on the Entity List under the destinations of China and South Korea.  This final rule also removes four persons from the Entity List, as the result of requests for removal submitted by these persons, a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).

 

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07/22/15
80 FR 43314

Cuba: Implementing Rescission of State Sponsor of Terrorism Designation

PDF Format

This rule amends the Export Administration Regulations (EAR) to implement the rescission of Cuba’s designation as a State Sponsor of Terrorism.  Specifically, this rule removes anti-terrorism (AT) license requirements from Cuba and eliminates references to Cuba as a State Sponsor of Terrorism, but maintains preexisting license requirements for all items subject to the EAR unless authorized by a license exception.  This rule also removes Cuba from Country Group E:1 (terrorist supporting countries), which makes Cuba eligible for a general 25 percent de minimis level and portions of four license exceptions.  The Secretary of State rescinded the designation of Cuba as a State Sponsor of Terrorism on May 29, 2015.

 

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07/13/15
80 FR 39950

Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control under the United States Munitions List (USML)

PDF Format

This final rule makes additional clarifications and corrections to the interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV – spacecraft and related items. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. This is the second corrections and clarifications rule BIS has published for the May 13 rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments. The corrections and clarifications to the May 13 rule are also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563.

 

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80 FR 34562
6/17/15

Commerce Control List:  Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons).

BIS Rule PDF Format

State Department Rule PDF Format

This proposed rule indicates how articles the President determines no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL).  The affected Category XIV articles consist primarily of dissemination, detection and protection “equipment” and related articles and would be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as proposed by this rule.  The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related articles and would be controlled under new ECCNs 6B619, 6D619 and 6E619, as proposed by this rule.  This proposed rule was published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Categories XIV and XVIII (see 80 FR 34572).  The public comment period for each of these proposed rules closes on Monday, August 17, 2015.

 

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80 FR 34266
6/16/15

Implementation of the Australia Group (AG) November 2013 Intersessional Decisions

PDF Format

This rule amends the Export Administration Regulations (EAR) to implement the recommendations presented at the Australia Group (AG) Intersessional meeting held in Budapest, Hungary, on November 18-22, 2013, and adopted pursuant to the AG silent approval procedure in January/February 2014.  Specifically, this rule removes ECCN 1C352 and merges the animal pathogens previously controlled under this ECCN with the human pathogens and toxins controlled under ECCN 1C351.  In addition, this rule revises the controls in ECCN 2B350.g on valves, casings (valve bodies) designed for such valves, and preformed casing liners designed for such valves.  This rule also makes additional AG-related changes, consistent with the scope of the AG common control lists.  This rule does not contain changes based on the understandings reached at the June 2014 AG Plenary meeting, because no amendments to the EAR were required as a result of these understandings.

 

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80 FR 31834
6/04/15

Addition of Certain Person to the Entity List

PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding one person to the Entity List.  The person who is added to the Entity List is located in Ecuador and has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  This person will be listed on the Entity List under the destination of Ecuador.

 

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80 FR 31505
6/03/15

Revisions to Definitions in the Export Administration Regulations
BIS RULEPDF Format

STATE DEPARTMENT RULEPDF Format

PROJECT HARMONIZATION CHARTPDF Format

As part of the Export Control Reform effort, this rule proposes revisions to the Export Administration Regulations (EAR) to include the definitions of “technology,” “required,” “peculiarly responsible,” “proscribed person,” “published,” results of “fundamental research,” “export,” “reexport,” “release,” “transfer,” and “transfer (in-country)” to enhance clarity and consistency with terms also found on the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC).  This rule also proposes amendments to the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software. DDTC is concurrently publishing comparable proposed amendments to the ITAR’s definitions of “technical data,” “required,” “peculiarly responsible,” “public domain,” results of “fundamental research,” “export,” “reexport,” “release,” and “retransfer” for the same reasons.  The document entitled “Project Harmonization Chart” shows comparable regulatory text side-by-side for convenience. The Bureau of Industry and Security will accept comments on this proposed rule until August 3, 2015.

 

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80 FR 29529
5/22/15

Updated Statements of Legal Authority for the Export Administration Regulations
PDF Format

This rule updates the authority paragraphs in 15 CFR parts 730, 736 and 746 of the Export Administration Regulations to cite the Notice of May 6, 2015 (80 FR 26815, May 8, 2015), which continues that emergency declared in Executive Order 13338. This rule is purely procedural and makes no changes other than to revise CFR authority citations to make them current. It does not change the text of any section of the EAR, nor does it alter any.

 

 

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80 FR 29530
05/22/15

Russian Sanctions:  Revisions and Clarifications for Licensing Policy for the Crimea Region of Ukraine

PDF Format

This final rule amends the Export Administration Regulations (EAR) to facilitate Internet-based communications with persons in the Crimea region of Ukraine.  This final rule allows exports or reexports without a license to the Crimea region of Ukraine of software that is necessary to enable the exchange of personal communications over the Internet, provided that such software is designated EAR99, or is classified as mass market software under Export Control Classification Number (ECCN) 5D992.c of the EAR, and provided further that such software is widely available to the public at no cost to the user.  This final rule is being published simultaneously with the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issuance of General License No. 9, which authorizes the export or reexport from the United States or by U.S. persons to the Crimea region of Ukraine of certain services and software incident to the exchange of personal communications over the Internet.  This action is consistent with the U.S. Government’s policy to promote personal communications between the people in Crimea and the outside world. Lastly, this final rule makes clarifications to the EAR with respect to the addition of the Crimea region of Ukraine provisions in a final rule published on January, 29, 2015, to the EAR.

 

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80 FR 29554
05/22/15

Additional Improvements and Harmonization of Export Clearance Provisions

PDF Format

The Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the export clearance requirements under the Export Administration Regulations (EAR) can be improved, including how the EAR export clearance provisions can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations (ITAR). This ANPR is part of Commerce’s retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of Export Control Reform (ECR) implementation. This ANPR is also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563. The Bureau of Industry and Security will accept comments on this advanced notice of proposed rulemaking until July 6, 2015.

 

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80 FR 29551
05/22/15

Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements

BIS RULE PDF Format

STATE DEPARTMENT RULE PDF Format

This proposed rule would revise the destination control statement in § 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in § 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR). This proposed rule is published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls proposed rule revising § 123.9(b)(1) of the ITAR. Both proposed rules being published today by the Departments of Commerce and State are part of the President’s Export Control Reform Initiative. This proposed rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (E.O.) 13563 (see the SUPPLEMENTARY INFORMATION for availability of the plan). The Bureau of Industry and Security will accept comments on this proposed rule until July 6, 2015.

 

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80 FR 29431
05/21/15

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments
PDF Format

This final rule amends the Commerce Control List of the Export Administration Regulations by implementing the changes agreed to by the Wassenaar Arrangement (WA) at the 2014 Plenary by revising 42 Export Control Classification Numbers (ECCNs), adding one ECCN and removing one ECCN, as well as amending the General Technology Note, WA reporting requirements, adding seven (7) definitions and revising six (6) definitions in the EAR. This rule also revises 3 ECCNs to add License Exception CIV eligibility for Anisotropic plasma dry etching equipment and related software and technology for the development and production of this equipment, as a result of BIS’ foreign availability assessment. Lastly, Country Group A column 1, the Coordinating Committee (CoCom) member countries, is replaced with the successor national security export regime the WA Participating States. In addition, the second national security column and the second regional stability column of the Commerce Country Chart are amended to harmonize with each other, as well as make changes based on the risk of diversion to unauthorized end user, end uses or destinations.

 

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80 FR 28853
05/20/15

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)
PDF Format

The Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; software specially designed or modified for the development or production of such systems, equipment or components; software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; Internet Protocol (IP) network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. BIS proposes a license requirement for the export, reexport, or transfer (in-country) of these cybersecurity items to all destinations, except Canada. Although these cybersecurity capabilities were not previously designated for export control, many of these items have been controlled for their "information security" functionality, including encryption and cryptanalysis. This rule thus continues applicable Encryption Items (EI) registration and review requirements, while setting forth proposed license review policies and special submission requirements to address the new cybersecurity controls, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items. BIS also proposes to add the definition of "intrusion software" to the definition section of the EAR pursuant to the WA 2013 agreements. 

For [public presentations given at TAC meetings regarding this rule.]  

 

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80 FR 25798
05/05/2015

BIS RULE PDF Format

STATE DEPARTMENT RULE PDF Format

BIS Guidance on Proposed Changes to Infrared Detection Items PDF Format

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)

This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Range Finder, Optical and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) by creating new "600 series" Export Control Classification Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. In addition, for certain night vision items currently subject to the Export Administration Regulations (EAR), this rule proposes to expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to night vision items. This proposed rule would also expand the scope of end-use restrictions on certain exports and reexports of certain cameras, systems, or equipment and expand the scope of military commodities described in ECCN 0A919.

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04/23/15

80 FR 22638

Addition of Certain Persons to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) to add eight persons under nine entries to the Entity List. The eight persons who are added to the Entity List 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 eight persons will be listed on the Entity List under the destinations of China, Iran, Taiwan, and Turkey. There are nine entries for the eight persons because one person is listed in two locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Iran and Turkey.

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4/07/15

80 FR 18522

Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements
PDF Format

This rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September and October 2014 Plenary in Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in Prague, Czech Republic. This rule also makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) with the current MTCR Annex. This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex.

 

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3/13/2015

80 FR 13210

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
PDF Format

This rule finalizes changes to the support document requirements for license applications submitted to the Bureau of Industry and Security (BIS) and is part of BIS’s retrospective regulatory review under Executive Order 13563. In addition to clarifying and streamlining the support document requirements for license applications in part 748 of the Export Administration Regulations (EAR), this final rule removes the requirement to obtain an International Import Certificate or Delivery Verification in connection with a license application and limits the requirement to obtain a Statement by Ultimate Consignee and Purchaser to exports, reexports, and transfers (in-country) of 600 Series Major Defense Equipment. Revisions to the EAR affecting BIS’s participation in issuing documents for the Import Certificate and Delivery Verification system for imports into the United States will be addressed in a future final rule, as will potential substantive changes to information collections under the Paperwork Reduction Act.

 

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3/5/2015

80 FR 11863

Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Samsung China Semiconductor Co. Ltd.
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User Samsung China Semiconductor Co. Ltd. (Samsung China) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add two items to Samsung China’s eligible items that may be exported, reexported or transferred (in country) to the company’s eligible facilities (also known as "eligible destinations") in the PRC.

 

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80 FR 11315
3/2/15

Notice of Inquiry: Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control List
PDF Format
State Department Notice

The Bureau of Industry and Security and the Directorate of Defense Trade Controls are each seeking public comment on the implementation of export control reform with respect to military aircraft and military gas turbine engines (USML Categories VIII and XIX and ECCNs 9A610, 9B610, 9C610, 9D610 and 9E610 (aircraft and related items) and 9A619, 9B619, 9C619, 9D619 and 9E619 (gas turbine engines and related items). Comments are due no later than May 1, 2015.

 

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80 FR 8524
2/18/15

Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding eleven persons to the Entity List. The eleven persons who are added to the Entity List 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 eleven persons will be listed on the Entity List under the destinations of People's Republic of China (China), Pakistan, and United Arab Emirates (U.A.E.). This final rule also removes one person from the Entity List, as the result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).

 

 

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80 FR 8520
2/18/15

Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan
PDF Format

This rule makes Sudan an eligible destination for License Exception Consumer Communications Devices (CCD) and revises license application review policy for certain telecommunications items from a general policy of denial to one of case-by-case review. BIS is publishing this rule in conjunction with a Department of the Treasury, Office of Foreign Assets Control rule amending the Sudanese Sanctions Regulations by adding a general license pertaining to certain software, hardware, and services incident to personal communications.

Treasury Department Rule

 

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80 FR 8519
2/18/15

Updated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015 
PDF Format

This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice of January 21, 2015 that extended an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.

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80 FR 6948
2/9/15

Notice of Foreign Availability Determination on Dry Etch Equipment: Anisotropic Plasma Dry Etching Equipment
PDF Format

This notice announces that the Under Secretary for Industry and Security has determined that foreign availability exists for anisotropic plasma dry etching equipment controlled for national security reasons under Export Control Classification Number (ECCN) 3B001.c on the Commerce Control List. This foreign availability determination is in response to a submission from the Semiconductor Equipment and Materials International (SEMI) industry association. The Bureau of Industry and Security (BIS) has provided a proposal to the Department of State to submit to the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies to remove the 3.B.1.c control from the Arrangement's Dual-Use List. This determination was made pursuant to Section 5(f) of the Export Administration Act of 1979, as amended, and Part 768 of the EAR.

 

 

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80 FR 4779
1/29/15

Revision to the Unverified List (UVL)
PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding fourteen (14) persons, removing one person, and updating the addresses of other persons listed on the Unverified List (the ''Unverified List'' or UVL). The 14 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. One person is removed from the UVL based on BIS's ability to verify that person's bona fides through the successful completion of an end-use check. Also, new addresses are added for two listed persons on the UVL.

 

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80 FR 4776
1/29/15

Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine
PDF Format

The Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to impose additional sanctions that implement U.S. policy toward Russia. Specifically, in this rule BIS amends the EAR by imposing a license requirement for the export and reexport to the Crimea region of Ukraine, and the transfer within the Crimea region of Ukraine, of all items subject to the EAR, other than food and medicine designated as EAR99. The rule establishes a presumption of denial for all such exports or reexports to the Crimea region of Ukraine and transfers within the Crimea region of Ukraine, except with respect to items authorized under the Department of the Treasury’s Office of Foreign Assets Control (OFAC) General License No. 4, which BIS will review on a case-by-case basis. This action is consistent with the goals and objectives of Executive Order 13685 of December 19, 2014.

 

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80 FR 3463
1/23/15

U.S.-India Bilateral Understanding: Additional Revisions to the U. S. Export and Reexport Controls Under the Export Administration Regulations
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. On January 25, 2011, BIS published the first rule in a series of rules to implement the bilateral understanding between the two countries. These rules fulfill the President's and Prime Minister's commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. Specifically, in this rule, to further implement the November 8, 2010 bilateral understanding, BIS removes license requirements for certain items controlled for crime control and regional stability reasons to India. BIS also makes conforming changes in this rule. 

 

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80 FR 2286
1/16/15

BIS Cuba Rule as printed in FR 2015-00590
PDF Format
PDF Format OFAC Rule

This rule revises License Exception GFT to remove the license requirement for consolidated shipments of gift parcels that would not require a license if shipped separately. It makes commercial sales of certain consumer communications devices eligible for License Exception by removing the donation requirement from that license exception. It creates a new License Exception – Support for the Cuban People (SCP) that authorizes certain exports and reexports to improve living conditions, promote independent economic activity, strengthen civil society and improve the free flow of information to, from and among the Cuban people. Lastly this rule revises licensing policy to provide case by case consideration for items for environmental protection of U.S. and international air quality, waters and coastlines. This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control.This rule will add to the Commerce Control List certain energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles,rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). The rule was published simultaneously with a Department of State rule that will revise the categories on the USML that currently cover these items. Both rules will become effective on July 1, 2014.

 

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A service of the U.S. Government Printing Office.
Questions or comments.

                     

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
3/13/15 (80 FR 13210)

Published 2014

Rules published in other years: 2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | 2013 | 2012 | 2011 

Publication Date	Federal Register Citation	Title of Federal Register
12/29/14	79 FR 77862	Corrections and Clarifications to the Export Administration Regulations
12/23/14	79 FR 76874	Clarification to Scope of Certain “600 series” Export Control Classification Numbers (ECCNs).
12/23/14	79 FR 76867	Revision to the Export Administration Regulations: Controls on Electronic Commodities; Exports and Reexports to Hong Kong
12/17/14	79 FR 75044	Expansion of the Microprocessor Military End-Use and End-User Control
12/1/14	79 FR 71014	Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Lam Research Service Co., Ltd.
12/1/14	79 FR 71013	Updated Statements of Legal Authority for the Export Administration Regulations
11/12/14	79 FR 67055	Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
11/7/14	79 FR 66288	Venezuela: Implementation of Certain Military End Uses and End Users License Requirements under the Export Administration Regulations
10/14/14	79 FR 61571	Revisions to the Commerce Control List: Imposition of Controls on Integrated Circuits, Helicopter Landing System Radars, Seismic Detection Systems, and Technology for IR Up-Conversion Devices
10/1/14	79 FR 59166	Request for Public Comment on the Recordkeeping Requirements of the Export Administration Regulations
9/30/14	79 FR 58704	Proposed Amendments to the Export Administration Regulations: Removal of Special Comprehensive License Provisions
9/18/14	79 FR 55998	Addition and Modification of Certain Persons on the Entity List; and Removal of Certain Persons from the Entity List
9/17/14	79 FR 55608	Russian Sanctions: Addition of Persons to the Entity List and Restrictions on Certain Military End Uses and Military End Users
9/8/14	79 FR 53166	Notice of Foreign Availability Assessment: Anisotropic Plasma Dry Etching Equipment
9/5/14	79 FR 52958	Implementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating Countries; Correction.
8/18/14	79 FR 48660	Corrections and Clarifications to the Export Administration Regulations; Correction
8/7/14	79 FR 46316	Implementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating Countries.
8/6/14	79 FR 45675	Russian Oil Industry Sanctions and Addition of Person to the Entity List
8/4/14	79 FR 45288	Wassenaar Arrangement 2013 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports; and Extension of Fly-by-Wire Technology and Software Controls
8/4/14	79 FR 45088	Technical Amendments to the Export Administration Regulations: Update of Export Control Classification Number 0Y521 Series Supplement - Biosensor Systems and Related Software and Technology
8/1/14	79 FR 44680	Addition of Certain Persons to the Entity List
7/22/14	79 FR 42452	Addition of Certain Persons to the Entity List
7/01/14	79 FR 37551	Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Other Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
7/01/14	79 FR 37548	Request for Comments: Civil Uses of Certain Microwave Monolithic Integrated Circuit (MMIC) Power Amplifiers, Discrete Microwave Transistors and Bi-Static and Multi-Static Radar.
6/26/14	79 FR 36199	Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
6/17/14	79 FR 34408	Update of Short Supply Export Controls: Unprocessed Western Red Cedar, Crude Oil, and Petroleum Products
6/16/14	79 FR 34221	Amendments to Existing Validated End-User Authorizations in the People’s Republic of China: Samsung China Semiconductor Co. Ltd and Semiconductor Manufacturing International Corporation; Correction
6/16/14	79 FR 34217	Export Administration Regulations (EAR): Addition of Certain Persons to the Unverified List (UVL) and Making a Correction
6/5/14	79 FR 32441	Addition of Certain Persons to the Entity List
6/5/14	79 FR 32611	Corrections and Clarifications to the Export Administration Regulations; Conforming Changes to the EAR based on Amendments to the International Traffic in Arms Regulations
5/29/14	79 FR 30713	Amendments to Existing Validated End-User Authorizations in the People’s Republic of China: Samsung China Semiconductor Co. Ltd and Semiconductor Manufacturing International Corporation.
5/27/14	79 FR 30021	Revisions to the Export Administration Regulations Based on the 2013 Missile Technology Control Regime Plenary Agreements
5/13/14	79 FR 27417	Revisions to the Export Administration Regulations(EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Final Rule
5/1/14	79 FR 24563	Addition of Person to the Entity List
5/1/14	79 FR 24558	Addition of Person to the Entity List
4/16/14	79 FR 21394	Addition of Person to the Entity List
4/9/2014	79 FR 19552	Proposed Revisions to the Support Document Requirements of the Export Administration Regulations in Response to Executive Order 13563 Retrospective Regulatory Review
3/26/14	79 FR 16664	Implementation of the Understandings Reached at the June 2013 Australia Group (AG) Plenary Meeting and the December 2012 AG Intersessional Decisions.
3/19/14	79 FR 15219	Updated Statements of Legal Authority for the Export Administration Regulations
2/6/14	79 FR 7105	Delegation of License Requirements Determination and Licensing Responsibility to a Foreign Principal Party
1/29/14	79 FR 4613	Export Administration Regulations: Editorial Clean-up of References to Foreign Trade Regulations
1/2/14	79 FR 22	Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items That the President Determines No Longer Warrant Control Under the United States Munitions List; Final Rule; Correction
1/2/14	79 FR 264	Control of Military Training Equipment, Energetic Materials, Personal Protective Equipment, Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, Military Explosives, and Related Items

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79 FR 77862
12/23/2014

Corrections and Clarifications to the Export Administration Regulations
PDF format

This final rule amends the Export Administration Regulations (EAR) by correcting certain provisions of the Export Administration Regulations (EAR) that were amended in past rulemakings appearing in the Federal Register between November 5, 2007 and October 14, 2014. This final rule makes corrections to certain provisions to ensure consistency and clarity in the regulations. In addition, this final rule makes other corrections to the EAR to fix typographical errors to ensure that the regulations accurately reflect the revisions intended by these past rulemakings.

 

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79 FR 76874
12/23/2014

Clarification to Scope of Certain “600 series” Export Control Classification Numbers (ECCNs)
PDF format

This rule revises six Export Control Classification Numbers (ECCNs) to clarify that they do not control certain basic parts, components, accessories and attachments because those basic parts, components, accessories and attachments are controlled in a new ECCN created by a rule published on July 1, 2014 to be effective on December 30, 2014. This rule also removes controls on certain monolithic microwave integrated circuit (MMIC) power amplifiers and discrete microwave transistors and related technology. These controls are no longer necessary because two other rules published after July 1, 2014, provide appropriate controls on those items. This rule also clarifies the application of "specially designed" to controls published on July 1, 2014 that would apply to printed circuit boards, populated circuit card assemblies and multichip modules to reduce the possibility of confusion. Finally, this rule revises three of the amendatory instructions in the final rule published on July 1, to avoid negating changes to the Export Administration Regulations that became effective after that date. The effective date of this rule is December 30, 2014.

 

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79 FR 76867
12/23/2014

Revision to the Export Administration Regulations: Controls on Electronic Commodities; Exports and Reexports to Hong Kong
PDF format

This rule amends the Export Administration Regulations (EAR) to expand controls for national security reasons and responds to public comments solicited by a Bureau of Industry and Security (BIS) notice of inquiry regarding the proper export control classification of certain electronic commodities and a type of radar. Specifically, in this rule, BIS amends the EAR to expand national security controls on certain electronic commodities controlled on the Commerce Control List (CCL) and to limit license exceptions for these items. This rule also expands license requirements for exports and reexports to Hong Kong of items controlled for national security reasons. 

 

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79 FR 75044
12/17/2014

Expansion of the Microprocessor Military End-Use and End-User Control
PDF format

This rule expands the scope of § 744.17 of the EAR. In addition to the license requirements set forth elsewhere in the EAR, you may not export, reexport or transfer (in-country) microprocessors ("microprocessor microcircuits," "microcomputer microcircuits," and microcontroller microcircuits having a processing speed of 5 GFLOPS or more and an arithmetic logic unit with an access width of 32 bit or more, including those incorporating "information security" functionality), or associated "software" and "technology" for the "production" or "development" of such microprocessors without a license if, at the time of the export, reexport or transfer (in-country), you know, have reason to know, or are informed by BIS that the item will be or is intended to be used for a 'military end use' or 'military end user,' in a destination listed in Country Group D:1. In addition, this rule adds a prohibition on the use of license exceptions (including License Exception ENC) for transactions meeting these criteria.

 

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79 FR 71014
12/1/2014

Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Lam Research Service Co., Ltd.
PDF format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User (VEU) Lam Research Service Co., Ltd. (Lam) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to change two addresses for Lam's eligible facilities (also known as "eligible destinations"), remove two existing facilities, and add eight eligible facilities.

 

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79 FR 71013
12/1/2014

Updated Statements of Legal Authority for the Export Administration Regulations 
PDF format

This rule revises the authority citation paragraphs for the Export Administration Regulations (EAR) that appear at the beginning of EAR parts 730, 734, 736, 742, 744 & 745 in the Code of Federal Regulations (15 CFR parts 730, 734, 736, 742, 744 & 745) so that those paragraphs will cite the most recent Presidential notice that on which authority for those parts is, in part, based. BIS is publishing this rule so that authority citations in the next annual CFR compilation will be up-to-date. This is a purely procedural rule that does not alter any right, obligation or prohibition that applies to any person under the EAR.

 

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79 FR 67055
11/12/2014

Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
PDF format

This final rule makes clarifications and corrections to the interim final rule, Revisions to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML), that was published on May 13, 2014 (79 FR 27417). The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV – spacecraft and related items. New Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 created by the May 13 rule and existing ECCNs on the Commerce Control List (CCL) will control such items. The May 13 rule also revised various sections of the EAR to provide the proper level of control for the new ECCNs. The vast majority of the changes included in the May 13 rule have been implemented as published in the interim final rule, so those change are not republished in this final rule. A full description of those changes can be found in the Background section and the regulatory text of the May 13 rule. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments. This rule also adds a clarification to § 758.6 of the EAR stating that compliance with 22 CFR 123.9(b)(1) is sufficient to satisfy the Destination Control Statement requirement for the EAR of shipments that include both items subject to the EAR and items subject to the International Traffic in Arms Regulations (ITAR). The May 13 rule, as well as today’s final rule, were and are published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Category XV to control those articles the President has determined warrant control on the USML.

 

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79 FR 66288
10/14/2014

Venezuela: Implementation of Certain Military End Uses and End Users License Requirements under the Export Administration Regulations
PDF Format

In response to the Venezuelan military's violent repression of the Venezuelan people, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) in this final rule to impose license requirements on the export, reexport, or transfer (in-country) of certain items to or within Venezuela when intended for a military end use or end user. This change complements an existing U.S. arms embargo against Venezuela for its failure to cooperate in areas of counterterrorism.

 

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79 FR 61571
10/14/2014

Revisions to the Commerce Control List: Imposition of Controls on Integrated Circuits, Helicopter Landing System Radars, Seismic Detection Systems, and Technology for IR Up-Conversion Devices
PDF Format

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose foreign policy controls on read-out integrated circuits and related "software" and "technology," radar for helicopter autonomous landing systems, seismic intrusion detection systems and related "software" and "technology", and "technology" "required" for the "development" or "production" of specified infrared up-conversion devices. The read-out integrated circuits and related "technology" are controlled under new Export Control Classification Numbers (ECCNs) on the Commerce Control List. An existing ECCN has been amended to control the related "software" for those items. New paragraphs have been added to certain existing ECCNs to control radar for helicopter autonomous landing systems, seismic intrusion detection systems, and the "technology," as mentioned, for specified infrared up-conversion devices. Specified existing "software" and "technology" ECCNs have been amended to apply to helicopter autonomous landing systems and seismic intrusion detection systems. The items are controlled for regional stability reasons Column 1 (RS Column 1) and Column 2 (RS Column 2), and antiterrorism reasons Column 1 (AT Column 1). The Departments of Commerce, State and Defense have determined that the items described in this rule have civilian applications but also warrant immediate controls under the EAR because of their potential military applications.

 

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79 FR 59166
10/1/2014

Request for Public Comment on the Recordkeeping Requirements of the Export Administration Regulations 
PDF Format

The Bureau of Industry and Security (BIS) is seeking public comment on the recordkeeping requirements of the Export Administration Regulations (EAR). BIS is reviewing its requirements on record retention and record creation and is considering proposing revisions to such requirements. BIS seeks public comment on ways to improve the recordkeeping requirements of the EAR to reduce unnecessary burden, increase clarity, address changes in technology and data management, and maintain the tools necessary for compliance with and enforcement of the EAR. This advance notice of proposed rulemaking is part of BIS's retrospective regulatory review being undertaken pursuant to Executive Order 13563.  

 

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79 FR 58704
09/30/2014

Proposed Amendments to the Export Administration Regulations: Removal of Special Comprehensive License Provisions
PDF Format

In this rule, the Bureau of Industry and Security (BIS) proposes to continue updating export controls under the Export Administration Regulations (EAR) consistent with the Retrospective

Regulatory Review Initiative that directs BIS and other Federal Government Agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, in this rule, BIS proposes to amend the EAR by removing the Special Comprehensive License authorization. This rule also proposes conforming amendments.

 

 

              

79 FR 55998
9/18/2014

Addition and Modification of Certain Persons on the Entity List; and Removal of Certain Persons from the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-four entries to the Entity List. The twenty-eight persons who are added to the Entity List 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 twenty- eight persons will be listed on the Entity List under the destinations of Afghanistan, Armenia, Australia, China, Greece, Hong Kong, India, Ireland, Pakistan, Singapore, United Arab Emirates (U.A.E.), and United Kingdom (U.K.). There are thirty-four entries for twenty-eight persons because two persons are listed under multiple countries, resulting in six additional entries. Specifically, the six additional entries cover one person in China who also has addresses in Hong Kong and one person in Pakistan who also has addresses in Armenia, Greece, India, the U.A.E., and the U.K. This final rule makes modifications to two existing entries on the Entity List to provide additional addresses and subordinates in those entries. This rule also removes three persons from the Entity List, as the result of a determination made by the End-User Review Committee (ERC).

 

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79 FR 55608
9/17/2014

Russian Sanctions: Addition of Persons to the Entity List and Restrictions on Certain Military End Uses and Military End Users 
PDF Format

This final rule amends the Export Administration Regulations (EAR) to impose additional sanctions implementing U.S. policy toward Russia. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding ten entries to the Entity List. The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destination of Russia. BIS is also amending the EAR to impose license requirements for items destined to Russia when those items are intended for a military end use or military end user.

 

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79 FR 53166
9/8/2014

Notice of Foreign Availability Assessment: Anisotropic Plasma Dry Etching Equipment.
PDF Format

This notice announces that the Bureau of Industry and Security (BIS) is initiating a foreign availability assessment pursuant to section 5(f) of the Export Administration Act of 1979, as amended (EAA). BIS's Office of Technology Evaluation (OTE) will oversee the assessment of the foreign availability in China of anisotropic plasma dry etching equipment. BIS is also seeking public comments on the foreign availability of this equipment in China related to: (1) Product names and model designations of anisotropic plasma dry etch equipment that are made in China and that are comparable to the U.S. anisotropic plasma dry etch equipment designed or optimized to produce critical dimensions of 65 nm or less; and within-wafer non-uniformity equal to or less than 10% 3σ measured with an edge exclusion of 2 mm or less. (U.S. dry etch equipment); (2) Names and locations of Chinese companies that produce and export indigenously-produced anisotropic plasma dry etch equipment comparable to U.S. dry etch equipment; (3) Chinese production quantities, sales, and/or exports of anisotropic plasma dry etch equipment comparable to U.S. dry etch equipment; (4) Data on U.S. imports of Chinese anisotropic plasma dry etch equipment comparable to U.S. dry etch equipment, and/or testing and analysis of such dry etch equipment; (5) Estimates of the economic impact on U.S. companies of the export controls on the U.S. dry etch equipment. Any tangible evidence to support the above information would also be useful to BIS in its conduct of this assessment. 

 

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79 FR 52958
9/5/2014

Implementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating Countries; Correction.
PDF Format

This final rule corrects certain errors in the August 7, 2014, Nuclear Suppliers Group (NSG) Plenary final rule (79 FR 46316) by: (1) updating contact information in the preamble of the NSG Plenary rule; (2) extending provisions of the "Saving Clause" in the preamble of the NSG Plenary rule for those frequency changers and generators that were added to ECCN 3A225 as a result of the removal of the "harmonic distortion parameter" that was in this ECCN prior to August 7, 2014; (3) amending Supplement No. 1 to part 740 of the EAR (Country Group A) to add Mexico under Country Group A:4 (Nuclear Suppliers Group); and (4) amending ECCN 6A203 by adding a paragraph .d to control "radiation-hardened TV cameras, or lenses therefor," that were inadvertently dropped from control under this ECCN by the NSG Plenary rule.

 

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79 FR 48660
8/18/14

Corrections and Clarifications to the Export Administration Regulations; Correction
PDF Format

This final rule make corrections to certain provisions of the Export Administration Regulations that were amended by two final rules appearing in the Federal Register on June 5, 2014 (79 FR 32612) and on May 13, 2014 (79 FR 27417). These two rules were drafted and finalized simultaneously, however they separately revised some of the same provisions of the Export Administration Regulations and certain language was either removed or changed inadvertently. This final rule corrects those provisions to accurately reflect the revisions made by both rules. 

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79 FR 46316
8/7/14

Implementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating Countries
PDF Format

This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the 2005, 2012 and 2013 Nuclear Suppliers Group (NSG) Plenary meetings. Specifically, this rule amends certain entries on the Commerce Control List (CCL) to reflect changes in the Annex to the NSG “Guidelines for the Transfer of Nuclear Related Dual Use Equipment, Materials, Software and Related Technology” (the NSG Annex) based on the understandings reached at the aforementioned NSG Plenary meetings. This rule also amends the CCL to implement a decision adopted under the NSG intersessional silent approval procedures in December 2009. In addition, this rule amends the EAR to reflect the status of Croatia, Estonia, Iceland, Lithuania, Malta, Mexico and Serbia as participating countries in the NSG. Finally, consistent with the 2005 NSG understandings, this rule amends the export licensing policies in the EAR that apply to items that require a license for nuclear nonproliferation (NP) reasons, or as a result of certain nuclear end-users or end-uses, by adding an additional factor that must be considered by BIS when it reviews license applications involving such items, end-users, and/or end-uses.

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79 FR 45675
8/6/14

Russian Oil Industry Sanctions and Addition of Person to the Entity List
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding United Shipbuilding Corporation, who is a Russian state-owned company that manufactures, among other things, ordnance and accessories, and is engaged in shipbuilding, repair, and maintenance. This person has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also imposes controls on certain items for use in Russia’s energy sector intended for energy exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects.

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79 FR 45288
8/4/14

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports; and Extension of Fly-by-Wire Technology and Software Controls
PDF Format

This final rule revises the CCL to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by 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 2013 WA Plenary Meeting (the Plenary). However, BIS intends to publish a separate rule in September setting forth changes to the CCL resulting from the WA agreements for cybersecurity. The changes pertaining to the raising of the Adjusted Peak Performance in 4A003 will not take place until August 30, 2014. This rule also extends the controls on specified fly-by-wire source code software and technology until June 20, 2015, as BIS continues to negotiate for multilateral controls for this software and technology. This rule also removes the "X" under NS:2 and RS:2 for Mexico on the Commerce Country Chart, because of its recent membership in multiple multilateral export control regimes

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79 FR 45088
8/4/14

Technical Amendments to the Export Administration Regulations: Update of Export Control Classification Number 0Y521 Series Supplement - Biosensor Systems and Related Software and Technology
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing certain entries from the supplement that identifies those items subject to the EAR that are not listed elsewhere in the Commerce Control List (CCL), but which the Department of Commerce, with the concurrence of the Departments of Defense and State, has determined should be controlled for export for foreign policy reasons or because the items provide a significant military or intelligence advantage to the United States. Within one calendar year from the date that such items are listed in the supplement, BIS must reclassify the items under an entry on the CCL. Otherwise, such items automatically become designated as EAR99 items, unless BIS publishes a rule amending the supplement to extend the period in which the items will be listed therein. In accordance with this requirement, this rule removes references to biosensor systems and related "software" and "technology" from the supplement, because these items automatically became designated as EAR99 items on March 28, 2014, and the references to them in the supplement are now obsolete.

 

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79 FR 44680
8/1/14

Addition of Certain Persons to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding sixteen persons under nineteen entries to the Entity List. The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destinations of Afghanistan, China, Hong Kong, Iran, and the United Arab Emirates (U.A.E.). There are nineteen entries for sixteen persons because three persons are listed under multiple destinations, resulting in three additional entries: one person in the U.A.E. has an address in Iran and two persons in China each have one address in Hong Kong.

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79 FR 42452
7/22/14

Addition of Certain Persons to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding eleven persons under twelve entries to the Entity List. The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destinations of Crimea (Occupied), Russia, and Ukraine. There are twelve entries for the eleven persons on the Entity List because one person is being listed in multiple locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Crimea (Occupied) and Ukraine.

 

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79 FR 37551
7/01/14

Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Other Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML).
PDF Format
PDF Format State Rule

This rule adds to the Commerce Control List electronic equipment that the President determined no longer warrants control on the United States Munitions List. It also adds development software and technology for certain wing folding systems and certain cryogenic and superconducting equipment to the CCL.

 

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79 FR 37548
7/01/14

Request for Comments: Civil Uses of Certain Microwave Monolithic Integrated Circuit (MMIC) Power Amplifiers, Discrete Microwave Transistors and Bi-Static and Multi-Static Radar.
PDF Format

This notice seeks comments on the nature and extent of any civil end uses of microwave monolithic integrated circuit power amplifiers, discrete microwave transistors that will be controlled as "600-series" items in the BIS rule and bi-static / multi-static passive radar that will be controlled on the United States Munitions List. BIS will the comments to decide whether to propose to the Departments of State and Defense revisions to the controls on those items.

 

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79 FR 36199
6/26/14

Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding four persons under five entries to the Entity List. The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destinations of China and Hong Kong. There are five entries for four persons because one person is listed under multiple countries, resulting in one additional entry. Specifically, the one additional entry covers one person in China who also has an address in Hong Kong. In addition, this rule removes one person from the Entity List, as the result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the EAR, and further review conducted by the End-User Review Committee (ERC).

 

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79 FR 34408
6/17/14

Update of Short Supply Export Controls: Unprocessed Western Red Cedar, Crude Oil, and Petroleum Products
PDF Format

The Bureau of Industry and Security (BIS) publishes this final rule to amend two supplements in the Export Administration Regulations (EAR), which contain lists of controlled crude oil and petroleum products (produced or derived from the Naval Petroleum Reserve (NPR)) and unprocessed western red cedar, respectively. These lists provide relevant Census Bureau Schedule B commodity numbers and associated commodity descriptions of these short supply commodities. Many of the Schedule B commodity numbers and associated commodity descriptions listed prior to publication of this rule in the two supplements are now obsolete. This rule updates the lists in the two supplements to remove obsolete descriptions and Schedule B commodity numbers, and to add relevant descriptions and Schedule B commodity numbers for these short supply commodities. This rule also clarifies the description of petroleum products in other sections of the EAR to ensure those references are current. This rule will not alter or otherwise affect BIS's current enforcement practice with respect to the EAR's controls on unprocessed western red cedar or crude oil and petroleum products.

 

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79 FR 34221
6/16/14

Amendments to Existing Validated End-User Authorizations in the People’s Republic of China: Samsung China Semiconductor Co. Ltd and Semiconductor Manufacturing International Corporation; Correction
PDF Format

Bureau of Industry and Security (BIS) published a final rule in the Federal Register on May 29, 2014 (79 FR 30713), amending existing authorizations in the Export Administration Regulations (EAR) for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China) and Semiconductor Manufacturing International Corporation (SMIC) in the People’s Republic of China. BIS is correcting an inadvertent typographical error in a citation included in the list of eligible items for SMIC in the May 29 final rule. BIS also makes a conforming change.

 

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79 FR 34217
6/16/14

Export Administration Regulations (EAR): Addition of Certain Persons to the Unverified List (UVL) and Making a Correction
PDF Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twenty-nine (29) persons to the Unverified List (the ‘‘Unverified List’’ or UVL). The 29 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. In addition, this rule reinserts a requirement for exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving persons listed on the UVL following that provision’s inadvertent removal from the EAR.

 

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79 FR 32441
6/5/14

Addition of Certain Persons to the Entity List 
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding twenty-six persons under thirty-one entries to the Entity List (Supplement No. 4 to Part 744). The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destinations of China, Hong Kong, Lebanon and the United Arab Emirates (U.A.E.). There are thirty-one entries for twenty-six persons because five persons are listed under multiple countries, resulting in the additional five entries. Specifically, those five additional entries cover two persons in Lebanon who also have addresses in the U.A.E., and three persons in Hong Kong who also have addresses in China.

 

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79 FR 32611
6/5/14

Corrections and Clarifications to the Export Administration Regulations; Conforming Changes to the EAR based on Amendments to the International Traffic in Arms Regulations
PDF Format

This final rule makes corrections and clarifications to the Export Administration Regulations (EAR) for six final rules published in 2013 and early 2014: Export Administration Regulations: Editorial Clean-Up of References to Foreign Trade Regulations published on January 29, 2014 (79 FR 4613); Control of Military Training Equipment, Energetic Materials, Personal Protective Equipment, Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, Military Explosives, and Related Items published on January 2, 2014 (79 FR 264); Revisions to the Export Administration Regulations (EAR): Unverified List (UVL) published on December 19, 2013 (78 FR 76741); Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer published on October 4, 2013 (78 FR 61874); Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items That the President Determines No Longer Warrant Control Under the United States Munitions List published on July 8, 2013 (78 FR 40892); and Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform published on April 16, 2013 (78 FR 22660). This final rule also makes other needed technical corrections and clarifications to the EAR identified by BIS. In addition, this final rule makes two conforming changes to the EAR as a result of a final rule published by the Department of State on April 17, 2014 (79 FR 21616) titled Amendment to the International Traffic in Arms Regulations: Central African Republic. 

 

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79 FR 30713
5/29/14

Amendments to Existing Validated End-User Authorizations in the People’s Republic of China: Samsung China Semiconductor Co. Ltd and Semiconductor Manufacturing International Corporation.
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise existing authorizations for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China) and Semiconductor Manufacturing International Corporation (SMIC) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to change the address of the facility used by Samsung China. In addition, BIS adds a facility to the list of eligible destinations and an item to the list of eligible items for SMIC.

 

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79 FR 30021
5/13/14

Revisions to the Export Administration Regulations Based on the 2013 Missile Technology Control Regime Plenary Agreements
PDF Format

This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2013 Plenary in Rome, Italy, and at the 2013 Technical Experts Meeting in Bonn, Germany. This final rule revises eight Export Control Classification Numbers (ECCNs) (1B102, 1B117, 1D001, 1D018, 1D101, 6A107, 9A101 and 9B106), adds one new ECCN (9A102) and lastly revises two defined terms (the definition of "payload" and "repeatability") to implement the changes that were agreed to at the meetings.

 

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79 FR 27417
5/13/14

Revisions to the Export Administration Regulations(EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Final Rule
PDF Format

This interim final rule adds controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV—spacecraft and related items. New Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 created by this rule and existing ECCNs on the Commerce Control List (CCL) will control such items. This rule also revises various sections of the EAR to provide the proper level of control for the new ECCNs. This rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Category XV to control those articles the President has determined warrant control on the USML. Both rules are part of the President's Export Control Reform Initiative. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563.

This rule is being published as an interim final rule because the Departments of Commerce and State acknowledge that additional internal analysis of and industry input regarding the control threshold for various aspects of the amendments is warranted, particularly with respect to civil and commercial remote sensing satellites and civil and commercial space flight related items. The Departments did not want to wait until this review is done to publish this rule in final form because of the substantial national and economic security benefits that will flow from the various amendments to the controls on satellites and related items. This rule is effective June 27, 2014 except for amendatory instruction 8, which is effective July 1, 2014, and amendatory instructions 28–47, 49–50, 52, and 54, which are effective November 10, 2014. Comment Date: Comments must be received by November 10, 2014.

 

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79 FR 24563
5/1/14

Addition of Person to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding nine persons to the Entity List. The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destination of China.

 

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79 FR 24558
5/1/14

Addition of Person to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding thirteen persons under fourteen entries to the Entity List. The persons who are added to the Entity List 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 persons will be listed on the Entity List under the destinations of Cyprus, Luxembourg and Russia. There are fourteen entries to address thirteen persons because one person is being listed in multiple countries, resulting in an additional entry. Specifically, the additional entry covers one person in Luxembourg who also has an address in Russia

 

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79 FR 21394
4/16/14

Addition of Person to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding one person under two entries to the Entity List. The person who is added to the Entity List has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of Crimea (Occupied) with a cross reference added under Ukraine.

 

 

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79 FR 19552
4/9/14

Proposed Revisions to the Support Document Requirements of the Export Administration Regulations in Response to Executive Order 13563 Retrospective Regulatory Review
PDF Format

This rule proposes changes to support documents required to be submitted for license applications under the Export Administration Regulations (EAR) and changes to the Bureau of Industry and Security's (BIS's) role in issuing documents for the Import Certificate and Delivery Verification system. This proposed rule would remove the requirement to obtain an International Import Certificate or Delivery Verification in connection with license applications, require a Statement by Ultimate Consignee and Purchaser for most license applications previously requiring an International Import Certificate, and increase the license application value requirement for obtaining a Statement by Ultimate Consignee and Purchaser. In addition, BIS would cease issuing U.S. Import Certificates or Delivery Verifications for imports into the United States. Finally, this rule revises the structure and description of support document requirements to improve clarity. BIS is proposing these changes in response to public comments received in response to BIS's notice of inquiry on retrospective regulatory review being undertaken under Executive Order 13563.

 

 

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79 FR 16664
3/26/14

Implementation of the Understandings Reached at the June 2013 Australia Group (AG) Plenary Meeting and the December 2012 AG Intersessional Decisions.
PDF Format

This rule amends the Export Administration Regulations (EAR) to: (1) implement the understandings reached at the June 2013 plenary meeting of the Australia Group (AG); (2) implement the recommendations presented at the AG intersessional implementation meeting, in December 2012, and adopted pursuant to the AG silent approval procedure; (3) reflect the addition of Mexico as a participating country in the AG following the 2013 AG Plenary meeting; (4) revise the "sample shipments" provisions in License Requirement Note 1 of ECCN 1C350 (Precursor chemicals) by changing the reporting requirement from quarterly to annual; (5) reflect the recent addition of Somalia and Syria as States Parties to the Chemical Weapons Convention (CWC); and (6) add a License Exception STA paragraph to the license exceptions section of ECCN 1C351 to clarify the existing eligibility requirements for certain items controlled under this ECCN. In order to maintain consistency between the EAR and the Chemical Weapons Convention Regulations (CWCR) (15 CFR parts 710-721), with respect to those countries that are identified as States Parties to the CWC, this rule also updates Supplement No. 1 to part 710 of the CWCR (States Parties to the CWC) by adding seven countries.

 

 

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79 FR 15219
3/19/14

Updated Statements of Legal Authority for the Export Administration Regulations
PDF Format

This rule revises the authority citation paragraphs for the Export Administration Regulations (EAR) that appear at the beginning of EAR parts 730 and744 in the Code of Federal Regulations (15 CFR parts 730 and 744) so that those paragraphs will cite the most recent Presidential notice on which authority for the EAR is, in part, based. BIS is publishing this rule so that authority citations in the next annual CFR compilation will be up-to-date. This is a purely procedural rule that does not alter any right, obligation or prohibition that applies to any person under the EAR.

 

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79 FR 7105
2/6/14

Delegation of License Requirements Determination and Licensing Responsibility to a Foreign Principal Party
PDF Format

This proposed rule clarifies the responsibilities under the Export Administration Regulations of parties involved in export transactions where the foreign principal party in interest is responsible for the transportation out of the United States of items subject to the EAR, commonly referred to as routed export transactions. To enhance clarity, this proposed rule would remove the defined term Routed Export Transaction from the EAR and create a new term to better define certain transactions of particular interest to BIS, specifically a Foreign Principal Party Controlled Export Transaction, which is a transaction where a foreign principal party in interest, who is responsible for the export of items subject to the EAR, also assumes the authority and responsibility for licensing requirements. This proposed rule also would refine certain procedures for creating a Foreign Principal Party Controlled Export Transaction. Comments on the rule are due by April 7, 2014.

 

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79 FR 4613
1/29/14

Export Administration Regulations: Editorial Clean-up of References to Foreign Trade Regulations
PDF Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to harmonize it with revisions made to the Census Bureau’s Foreign Trade Regulations (FTR)by correcting citations, nomenclature, and procedures set forth in the EAR.

 

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79 FR 22
1/2/14

Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items That the President Determines No Longer Warrant Control Under the United States Munitions List; Final Rule; Correction
PDF Format

This rule corrects a final rule that appeared in the Federal Register of July 8, 2013 (78 FR 40892), which becomes effective on January 6, 2014. That rule adds to the Export Administration Regulations (EAR) controls on military vehicles, vessels of war, submersible vessels, oceanographic equipment, auxiliary and miscellaneous equipment, and related items that the President has determined no longer warrant control on the United States Munitions List.

 

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79 FR 264
1/2/14

Control of Military Training Equipment, Energetic Materials, Personal Protective Equipment, Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, Military Explosives, and Related Items
PDF Format
PDF Format State Rule

This rule will add to the Commerce Control List certain energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles,rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). The rule was published simultaneously with a Department of State rule that will revise the categories on the USML that currently cover these items. Both rules will become effective on July 1, 2014.

 

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A service of the U.S. Government Printing Office.
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Published 2016

Rules published in other years: 2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 2017 | 2015 | 2014 | 2013 | 2012 | 2011 

Publication Date	Federal Register Citation	Title of Federal Register
12/27/2016	81 FR 94971	Commerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) Controls.
12/27/2016	81 FR 94963	Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy
12/27/2016	81 FR 94962	Burma: Amendment of the Export Administration Regulations Consistent with an Executive Order that Terminated U.S. Government’s Sanctions
12/16/2016	81 FR 90983	Implementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary Understandings
12/15/2016	81 FR 90712	Addition of Certain Persons to the Entity List (final rule)
12/5/2016	81 FR 87424	Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License (final rule)
12/5/2016	81 FR 87246	Amendment to the Export Administration Regulations: Removal of Semiconductor Manufacturing International Corporation from the List of Validated End-Users in the People’s Republic of China
12/1/2016	81 FR 86571	Temporary Exports to Mexico Under License Exception TMP
11/25/2016	81 FR 85138	Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls
11/21/2016	81 FR 83114	Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements
11/18/2016	81 FR 81663	Temporary General License: Extension of Validity (final rule)
11/4/2016	81 FR 76859	Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime (final rule)
10/17/2016	81 FR 71365	Cuba: Revisions to License Exceptions
10/14/2016	81 FR 70933	Amendments to the Export Administration Regulations: Reporting Requirements Optional Electronic Filing of Reports of Requests for Restrictive Trade Practice or Boycott (final rule)
10/12/2016	81 FR 70320	Commerce Cat XII bookend final rule
9/20/2016	81 FR 64694	Revisions to the Entity List
9/20/2016	81 FR 64657	Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates
9/7/2016	81 FR 61595	Russian Sanctions: Addition of Certain Entities to the Entity List (final rule)
9/6/2016	81 FR 61104	Amendments to Existing Validated End-User Authorization in the People's Republic of China: Boeing Tianjin Composites Co. Ltd. (Final Rule)
9/1/2016	81 FR 60254	Updated Statements of Legal Authority for the Export Administration Regulations
8/23/2016	81 FR 57451	Addition of Certain Persons to the Entity List (final rule)
8/23/2016	81 FR 57505	Temporary Exports to Mexico Under License Exception TMP
8/19/2016	81 FR 55372	Temporary General License: Extension of Validity(final rule)
8/17/2016	81 FR 54721	Revisions to the Export Administration Regulations (EAR):Harmonization of the Destination Control Statements
8/8/2016	81 FR 52326	Amendment to the Export Administration Regulations To Add Targets for the Production of Tritium and Related Development and Production Technology to the List of 0Y521 Series (Interim Final Rule)
7/28/2016	81 FR 49517	Commerce Control List: Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)
7/11/2016	81 FR 44770	Updated Statements of Legal Authority for the Export Administration Regulations
6/28/2016	81 FR 41799	Temporary General License: Extension of Validity
6/23/2016	81 FR 40783	Amendments to Existing Validated End-User Authorization in the People's Republic of China: Advanced Micro Devices, Inc. (final rule)
6/22/2016	81 FR 40499	Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases
6/21/2016	81 FR 40174	Addition of Certain Persons and Removal of Certain Persons from the Entity List
6/21/2016	81 FR 40169	Revisions to the Unverified List (UVL)
6/7/2016	81 FR 36481	Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License
6/7/2016	81 FR 36458	Implementation of the February 2015 Australia Group (AG) Intersessional Decisions and the June 2015 AG Plenary Understandings
6/3/2016	81 FR 35586	Revisions to Definitions in the Export Administration Regulations
5/12/2016	81 FR 29483	Removal of Short Supply License Requirements on Exports of Crude Oil
4/4/2016	81 FR 19026	Revisions to the Export Administration Regulations Based on the 2015 Missile Technology Control Regime Plenary Agreements
3/24/2016	81 FR 15633	Temporary General License
3/21/2016	81 FR 14953	Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List
3/16/2016	81 FR 13972	Cuba Licensing Policy Revisions
3/8/2016	81 FR 12004	Additions to the Entity List
2/29/2016	81 FR 10083	Updated Legal Authority Citations
2/23/2016	81 FR 8825	Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List
2/19/2016	81 FR 8421	Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
2/9/2016	81 FR 6791	Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements
1/27/2016	81 FR 4580	Cuba Licensing Policy Revisions

 

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12/27/16
81 FR 94971

Commerce Control List:  Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) Controls.

This final rule amends the Export Administration Regulations (EAR) to reflect the understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting held in Bariloche, Argentina, and certain understandings reached at the 2016 NSG Plenary meeting held in Seoul, Republic of Korea.  The amendments to the EAR based on the 2015 meeting address the nuclear nonproliferation (NP) controls that apply to certain centrifugal multiplane balancing machines described under ECCN 2B229 on the Commerce Control List (CCL).  The amendments to the EAR based on the 2016 meeting address the NP controls that apply to certain linear displacement measuring systems described under ECCN 2B206 on the CCL.  This rule also makes additional changes to ECCN 2B206 to make the description of these systems fully conform to their description on the NSG Annex.  In addition, this rule corrects an error in the description of NP-controlled radiation-hardened TV cameras (including lenses therefor) in ECCN 6A203.

BIS Final Rule

 

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12/27/16
81 FR 94963

Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy

This final rule amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Russia and the Crimea region of Ukraine.
In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of the Commerce Control List (CCL)-based controls in the EAR to clarify that BIS’s review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests.

BIS Final Rule

 

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12/27/16
81 FR 94962

Burma: Amendment of the Export Administration Regulations Consistent with an Executive Order that Terminated U.S. Government’s Sanctions

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and policies of the Government of Burma (Burma) and revoked several Burma-related Executive Orders in recognition of Burma’s substantial advances to promote democracy, including historic elections held in November 2015 that resulted in the formation of a democratically elected, civilian-led government.  Specifically, in this rule, BIS removes license requirements and other restrictions on exports, reexports or transfers (in country) of items subject to the EAR made to persons whose property and interests in property were blocked pursuant to three Burma-related Executive Orders that were revoked on October 7, 2016.  Consistent with the revised U.S. policy toward Burma, this rule also moves Burma from Country Group D:1 to Country Group B, a less restrictive country group placement under the EAR.

BIS Rule

 

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12/16/16
81 FR 90983

Implementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary Understandings.

This final rule amends the Export Administration Regulations (EAR) to implement the recommendations presented at Australia Group (AG) Intersessional Implementation Meeting held in Brussels, Belgium, on February 2, 2016, and adopted pursuant to the AG silent approval procedure in April 2016, and the understandings reached at the Implementation Meeting of the 2016 AG Plenary held in Paris, France, from June 6-10, 2016.  Specifically, this rule amends ECCN 1C351 by removing dengue fever virus, consolidating the controls for Shiga toxin and Verotoxin (and other Shiga-like ribosome inactivating proteins) under a single listing, and updating the nomenclature for certain bacteria and toxins to reflect the 2016 AG updates to the “List of Human and Animal Pathogens and Toxins for Export Control.”  In addition, this rule amends ECCN 2B352 to reflect the 2016 AG updates to the controls on biological containment facilities and related equipment, fermenters, and cross (tangential) flow filtration equipment, described on the “Control List of Dual-Use Biological Equipment and Related Technology and Software.”

BIS Final Rule

 

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12/15/16
81 FR 90712

Addition of Certain Persons to the Entity List

This final rule amends the Export Administration Regulations (EAR) by adding seven persons to the Entity List.  The seven persons who are added to the Entity List 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 seven persons will be listed on the Entity List under the destination of Pakistan.

BIS Rule

 

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12/05/16
81 FR 87424

Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Iraq Reconstruction License (SIRL) from the EAR. This action furthers the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq. This rule also makes conforming changes. This rule is effective January 4, 2017.

BIS Rule

 

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12/05/16
81 FR 87426

Amendment to the Export Administration Regulations: Removal of Semiconductor Manufacturing International Corporation from the List of Validated End-Users in the People’s Republic of China

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove one end-user from the list of validated end-users in the People’s Republic of China (PRC). Specifically, BIS amends Supplement Number 7 to part 748 of the EAR to remove the Semiconductor Manufacturing International Corporation (SMIC) as a validated end-user in the PRC.  BIS makes this change at the company’s request, and not in response to activities of concern.

BIS Rule

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                                  12/1/16
81 FR 86571

Temporary Exports to Mexico Under License Exception TMP

This final rule aligns the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico’s Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program.  Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use.  Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP.  However, the one-year period does not align with the time constraints of Mexico’s IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months.  This rule amends TMP to complement the timeline of the IMMEX program.  Under this amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program can be authorized to remain in Mexico for up to four years from the date of export or reexport.

BIS Rule

 

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11/25/16
81 FR 85138

Commerce Control List:  Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls

This final rule amends the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the CCL.  These changes are intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and that, together with the United States, are participating countries in the Nuclear Suppliers Group (NSG).  As a result of the changes made by this rule, some of the affected items are now designated as EAR99, while others remain subject to anti-terrorism (AT) controls on the CCL.  In addition, any affected items that are also subject to chemical/biological (CB) controls on the CCL continue to be subject to these controls.

BIS Final Rule

 

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11/21/16
81 FR 83114

Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements

This rule revises Commerce Control List controls on certain 600 series aircraft and military gas turbine engines and related parts, components, accessories and attachments.  It clarifies the treatment of certain transport aircraft and marine gas turbine engines along with certain military parachute systems and materials.  It expands the scope of certain .y paragraphs and it clarifies that a note related to control of unfinished articles applies to all 600 series, product group “A” ECCNs.  This rule was published simultaneously with a Department of State rule that makes related changes to the United States Munitions List.  The effective date of both rules is December 31, 2016.    

BIS Rule
State Rule

 

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11/18/16
81 FR 81663

Temporary General License: Extension of Validity

On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License.  The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016.  At this time, the U.S. Government has decided to extend the temporary general license until February 27, 2017.  In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of November 28, 2016, and to substitute the date of February 27, 2017.  This final rule makes no other changes to the EAR.

BIS Rule

 

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11/4/16
81 FR 76859

Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d’Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d’Ivoire, Liberia, Sri Lanka, and Vietnam.  BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).

BIS Rule

 

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10/17/16
81 FR 71365

Cuba: Revisions to License Exceptions

This rule authorizes use of License Exception SCP for items sold directly to individuals in Cuba for personal use and authorizes use of License Exception AVS for cargo that is transiting Cuba on aircraft that are on temporary sojourn in Cuba.  It also reduces the number Cuban Government and Cuban Communist Party Officials who are ineligible recipients under License Exceptions GFT, CCD and SCP.  This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule amending the Cuban Assets Control Regulations.

BIS Rule
OFAC Rule

 

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10/14/16
81 FR 70933

Amendments to the Export Administration Regulations: Reporting Requirements Optional Electronic Filing of Reports of Requests for Restrictive Trade Practice or Boycott

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to permit electronic submission as an additional method available to United States persons for reporting requests they receive to take certain actions in furtherance or support of an unsanctioned foreign boycott, as required under the restrictive trade practices or boycotts provisions of the EAR.   These amendments are administrative changes to those provisions’ reporting requirements, which currently permit reporting of such requests solely by mail.  BIS is making these amendments consistent with U.S. Government policy to modernize regulatory requirements and promote efficiency.  This rule also makes conforming regulatory changes.

BIS Rule

 

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81 FR 70320
10/12/16

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)

This final rule describes how articles the President determines no longer warrant control under Category
XII (Fire Control, Laser, Imaging, and Guidance Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) will be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new ‘‘600 series’’ ECCNs 7B611, 7D611, and 7E611. In addition, for certain dual-use infrared detection items, this final rule expands controls for certain software and technology, eliminates the use of some license exceptions, revises licensing policy, and expands license
requirements for certain transactions involving military end users or foreign military commodities. This final rule also harmonizes provisions within the EAR by revising controls related to certain quartz rate sensors.  This rule is effective December 31, 2016.

BIS Rule
State Department Rule

 

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81 FR 64694
09/20/16

Revisions to the Entity List

This final rule amends the Export Administration Regulations (EAR) by revising the license requirement to apply to all items subject to the EAR for twelve Chinese entities on the Entity List.  These revisions are made in order to address national security concerns resulting from the removal of certain subparagraphs of Export Control Classification Numbers (ECCNs) 5A992, 5D992 and 5E992 that occurs in the 2015 Wassenaar Implementation rule.  This rule also brings the general Entity List license requirements, policies and procedures under a single section of the EAR to assist the public to better locate and comply with these regulations.

BIS Rule

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81 FR 64657
09/20/16

Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates

This final rule amends the Commerce Control List of the Export Administration Regulations by implementing the changes agreed to by the Wassenaar Arrangement (WA) at the 2015 Plenary by revising 58 Export Control Classification Numbers (ECCNs)and adding two ECCNs, as well as adding a  General  “Information Security” Note, revising WA reporting requirements, adding four (4) definitions , removing  three (3) definitions, and revising twelve (12) definitions in the EAR.  This rule also adds license exception eligibility for two (2) ECCNs and removes license exception eligibility for four (4) ECCNs. This rule also raises the Adjusted Peak Performance (APP) for high performance computers, as well as technology and software for the development and production of such computers.  In addition, this rule updates license requirements and policies associated with Category 5 – Part 2.  Lastly, this rule removes the Foreign National Review requirement associated with deemed exports under License Exceptions APP and CIV.

BIS Rule

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9/07/16                                                                                                                                                                          
81 FR 61595

Russian Sanctions: Addition of Certain Entities to the Entity List

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eighty-one entities under eighty-six entries to the Entity List.  The eighty-one entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine.  These entities will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Hong Kong, India, and Russia.                                                                                                     

Final Rule

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9/06/16                                                                                                                                                                          
81 FR 61104

Amendments to Existing Validated End-User Authorization in the People's Republic of China: Boeing Tianjin Composites Co. Ltd.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People’s Republic of China (PRC) by updating the list of eligible destinations (facilities) for VEU Boeing Tianjin Composites Co. Ltd. (BTC).  Specifically, BIS amends supplement No. 7 to part 748 of the EAR to change the written address of BTC’s existing facility.  The physical location of the facility has not changed. BIS updated the facility address after receiving notification of the change from BTC. The End-User Review Committee reviewed and authorized the amendment in accordance with established procedures.  The updated address contributes to maintaining accurate location information for BTC's VEU.                                                                                                    

Final Rule

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9/01/16                                                                                                                                                                          
81 FR 60254

Updated Statements of Legal Authority for the Export Administration Regulations

This rule updates the authority citations in the Export Administration Regulations (EAR) to cite the President’s Notice of august 4, 2016, 81 FR 52587 (August 8, 2016), which continues the emergency declared in Executive Order 13222 This rule is purely procedural.  Its purpose is to keep the authority citation paragraphs in the Code of Federal Regulations current.  It does not change any right, prohibition or obligation that applies to any person under the EAR.

Final Rule

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8/23/16
81 FR 57451

Addition of Certain Persons to the Entity List

This final rule amends the Export Administration Regulations (EAR) by adding ten persons under fourteen entries to the Entity List.  The ten persons who are added to the Entity List 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 ten persons will be listed on the Entity List under the destinations of Iraq, the Philippines, Syria, and Turkey.

BIS final rule

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8/23/16
15 CFR Part 740

Temporary Exports to Mexico Under License Exception TMP

This proposed rule would align the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico’s Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program.  Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use.  Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP.  However, the one-year period does not align with the time constraints of Mexico’s IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months.  This rule proposes to amend TMP to complement the timeline of the IMMEX program.  Under this proposed amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program would be authorized to remain in Mexico for up to four years from the date of export or reexport.

DATES: Comments must be received by October 24, 2016.

BIS Rule

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8/19/16
81 FR 55372

Temporary General License: Extension of Validity                                                                               
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License.  The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016.  At this time, the U.S. Government has decided to extend the temporary general license until November 28, 2016.  In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 30, 2016, and to substitute the date of November 28, 2016.  This final rule makes no other changes to the EAR.

BIS final rule

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8/17/16
81 FR 54721

Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements
This final rule implements changes that were proposed on May 22, 2015, in a proposed rule entitled Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements.  This final rule revises the destination control statement in § 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in § 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR).  This final rule is published in conjunction with a Department of State, Directorate of Defense Trade Controls final rule revising § 123.9(b)(1) of the ITAR.  Both final rules are part of the President’s Export Control Reform Initiative. This final rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (E.O.) 13563.

This rule is effective November 15, 2016.

BIS final rule
State final rule

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8/8/16
81 FR 52326

Amendment to the Export Administration Regulations to Add Targets for the Production of Tritium and Related Development and Production Technology to the List of 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 on those items a license requirement for export and reexport to all destinations, except Canada.  Specifically, this rule classifies certain specified targets “specially designed” for the production of tritium and related “development” and “production” technology under Export Control Classification Numbers (ECCNs) 0A521 and 0E521, respectively, on the Commerce Control List (CCL).  As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series 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 should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control.  In this matter, the Department of Energy also concurred in the control imposed.

Interim Final Rule

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7/28/16
81 FR 49517

Commerce Control List: Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)
This final rule indicates how articles the President has determined no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) will be controlled under the Commerce Control List (CCL) once this rule becomes effective on December 31, 2016. The affected Category XIV articles consist primarily of dissemination, detection and protection “equipment” and related articles and will be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as described in this final rule. The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related articles and will be controlled under new ECCNs 6B619, 6D619 and 6E619, as described in this final rule. This final rule was published in conjunction with a final rule from the Department of State, Directorate of Defense Trade Controls, which amends the list of articles controlled by USML Categories XIV and XVIII and which also becomes effective on December 31, 2016 (see 81 FR 49531).

BIS Final Rule State Rule

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7/11/16
81 FR 44770

Updated Statements of Legal Authority for the Export Administration Regulations
This rule updates the authority citations for parts 730, 736 and 746 of the Export Administration Regulations (EAR) to cite the President’s Notice of May 3, 2016, 81 FR 27293 (May 5, 2016), which continues the emergency declared in Executive Order 13338 of May 11, 2004 — Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria.  This rule also removes the citation to 30 U.S.C. 185(s), 185(u) from part 738 of the EAR because that citation is no longer needed due to the repeal certain export license requirements on crude oil exports.  This rule is purely procedural.  Its purpose is to keep the authority citation paragraphs in the Code of Federal Regulations current.  It does not change any right, prohibition or obligation that applies to any person under the EAR.

Final Rule

 

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6/28/16
81 FR 41799

Temporary General License: Extension of Validity          
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License.  The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016.  At this time, the U.S. Government has decided to extend the temporary general license until August 30, 2016.  In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of June 30, 2016, and to substitute the date of August 30, 2016.  This final rule makes no other changes to the EAR.

Final Rule

 

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6/23/16                                                                                                                                                                          
81 FR 40783

Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Advanced Micro Devices, Inc.
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People’s Republic of China by updating the list of eligible items and destinations (facilities) for VEU Advanced Micro Devices, Inc. (AMD).  Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove an existing “eligible destination” (facility); add a building to an existing address at one of AMD’s already approved facilities to which eligible items may be exported, reexported or transferred (in-country); and reflect the recent removal of an existing “eligible item” from the Commerce Control List (CCL).

Final Rule

 

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6/22/16                                                                                                                                                                          
81 FR 40499

Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases
This rule revises the Bureau of Industry and Security’s (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR), other than violations of Part 760 – restrictive trade practices and boycotts.  The rule sets forth the factors that the Office of Export Enforcement (OEE) considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations.  This rule is effective on July 22, 2016.

BIS Final Rule

 

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6/21/16                                                                                                                                                                          
81 FR 40174

Addition of Certain Persons and Removal of Certain Persons from the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-one entries to the Entity List.  The twenty-eight persons who are added to the Entity List 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 twenty-eight persons will be listed on the Entity List under the destinations of Afghanistan, Austria, China, Hong Kong, Iran, Israel, Panama, Taiwan, and the United Arab Emirates (U.A.E.).  This final rule also removes three entities from the Entity List under the destinations of Finland, Pakistan and Turkey as the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and the End-User Review Committee’s (ERC) review of the information provided in the removal requests.

BIS Final Rule

 

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06/21/16
81 FR 40169

Revisions to the Unverified List (UVL)
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding thirty-six (36) persons to the Unverified List (the ‘‘Unverified List’’ or UVL), and adding an additional address for one (1) person currently listed on the UVL.  The 36 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.  A new address is added for one current UVL person as BIS has determined that this person has changed its registered address.

BIS Final Rule

 

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6/7/16
81 FR 36481

Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License

In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) to remove the Special Iraq Reconstruction License (SIRL) from the EAR.  The action, if published in final form, would further the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public.  Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq.  This rule also makes conforming changes. Comments on this proposed rule must be received by July 7, 2016.

BIS Rule

 

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6/7/2016
81 FR 36458

Implementation of the February 2015 Australia Group (AG) Intersessional Decisions and the June 2015 AG Plenary Understandings

This final rule amends the Export Administration Regulations (EAR) to implement the recommendations presented at the Australia Group (AG) Intersessional meeting held in The Hague, Netherlands, on February 4, 2015, and adopted pursuant to the AG silent approval procedure in April 2015, and the understandings reached at the AG Plenary meeting held in Perth, Australia, from June 1-5, 2015.  Specifically, this rule amends ECCN 1C350.d to reflect the addition of the chemical diethylamine (C.A.S. 109-89-7) to the AG’s “Chemical Weapons Precursors” common control list.  This rule also amends ECCN 1C351 to reflect the addition of two viruses (severe acute respiratory syndrome-related coronavirus, a.k.a. SARS-related coronavirus, and reconstructed 1918 influenza virus) not previously identified on the AG “List of Human and Animal Pathogens and Toxins for Export Control.”  In addition, this rule amends ECCN 2B352 to revise the controls applicable to the following items:   steam, gas or vapor sterilizable freeze-drying equipment in 2B352.e; biocontainment chambers, isolators, and biological safety cabinets in 2B352.g.2; and aerosol inhalation equipment in 2B352.h.  This rule makes additional AG-related changes consistent with the scope of the AG common control lists.

BIS Rule

 

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6/3/16
81 FR 35586

Revisions to Definitions in the Export Administration Regulations

This final rule makes revisions to the Export Administration Regulations (EAR) to include certain definitions to enhance clarity and consistency with terms also found in the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC), or that DDTC expects to publish in proposed rules.  This final rule also revises the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software, including by way of cloud computing. DDTC is concurrently publishing comparable amendments to certain ITAR definitions for the same reasons.  An additional document addresses frequently asked questions (FAQs).

BIS Rule
State Department Interim Final Rule
State Department Final Rule

 

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5/12/16
81 FR 29483

Removal of Short Supply License Requirements on Exports of Crude Oil

This rule amends the Export Administration Regulations (EAR) to remove the short supply license requirements that, prior to the entry into force of the “Consolidated Appropriations Act, 2016” (Pub. L. 114-113) on December 18, 2015, applied to exports of crude oil from the United States.  Specifically, this rule removes the Commerce Control List (CCL) entry and the corresponding short supply provisions in part 754 of the EAR that required a license from BIS to export crude oil from the United States.  This rule also makes conforming changes to certain other EAR provisions to reflect the removal of these short supply license requirements.  Consistent with the exceptions in Pub. L. 114-113, exports of crude oil continue to require authorization from BIS to embargoed or sanctioned countries or persons and to persons subject to a denial of export privileges.

BIS Final Rule

 

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4/2/16
81 FR 1902

Revisions to the Export Administration Regulations Based on the 2015 Missile Technology Control Regime Plenary Agreements

This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2015 Plenary in Rotterdam, Netherlands, and the April 2015 Technical Experts Meeting (TEM) in Bern, Switzerland.  This final rule makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) and other EAR provisions with the current MTCR Annex.  This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex.  In addition, this final rule makes a change to MT licensing policy to be consistent with the MTCR Annex General Minimum Software Note and the MTCR Annex General Technology Note that specify that a license for MT controlled items should also authorize certain minimum “software” and “technology.”  This final rule also adds a new paragraph to the section of the EAR that specifies which changes to a license are considered “non-material.”  This amendment will facilitate this rule’s revised MT licensing policy, which will apply to all licenses for MT controlled items, except when excluded by a license condition.

Final Rule

 

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3/24/16
81 FR 15633

Temporary General License

This final rule amends the Export Administration Regulations (EAR) by adding Supplement No. 7 to Part 744 to the EAR to create a temporary general license to specify that “notwithstanding the requirements and other provisions of Supplement No. 4 to part 744, which became effective on March 8, 2016, the licensing and other requirements in the EAR as of March 7, 2016, pertaining to exports, reexports, and transfers (in-country) of items “subject to the EAR” to Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen, China, and ZTE Kangxun Telecommunications Ltd., 2/3 Floor, Suite A, ZTE Communication Mansion Keji (S) Road, Hi-New Shenzhen, 518057 China, are restored as of March 24, 2016 and through June 30, 2016.  Thus, for example, the authority of NLR or a License Exception that was available as of March 7, 2016, may be used as per this temporary general license.  The temporary general license is renewable if the U.S. Government determines, in its sole discretion, that ZTE Corporation and ZTE Kangxun are timely performing their undertakings to the U.S. Government and otherwise cooperating with the U.S. Government in resolving the matter.”

BIS Rule

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3/21/16
81 FR 14953

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List

This rule amends the Export Administration Regulations (EAR) by adding forty-four persons under forty-nine entries to the Entity List.  The forty-four persons who are added to the Entity List 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 forty-four persons will be listed on the Entity List under the destinations of China, Germany, Hong Kong, India, Iran, Malaysia, the Netherlands, Singapore, Switzerland, and the United Arab Emirates (U.A.E.). This final rule also removes five entities from the Entity List under the destinations of Ukraine and the U.A.E., as the result of requests for removal received by BIS, a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity and further review conducted by the End-User Review Committee (ERC). Finally, this final rule modifies two existing entries in the Entity List, both under the destination of China. These entries are being modified to reflect additional aliases and addresses for these persons. BIS implements this rule to protect U.S. national security or foreign policy interests and to ensure entries on the Entity List are accurate and up-to-date.

BIS Rule

 

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3/16/16
81 FR 13972

Cuba Licensing Policy Revisions

This rule revises the EAR to allow cargo on a vessel that is on temporary sojourn to Cuba to transit Cuba on that vessel under a license exception.  It also allows license exception shipment of EAR99 items and items controlled for antiterrorism reasons only to persons authorized by the Office of Foreign Assets Control to establish and maintain a physical or business presence in Cuba.  Finally, it adopts a policy of case-by-case review for items that would enable or facilitate exports from Cuba of items produced by the private sector.  This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule that amended the Cuban Assets Control Regulations.

BIS Rule Treasury Rule

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3/8/16
81 FR 12004

Additions to the Entity List (Final Rule)

This final rule amends the Export Administration Regulations (EAR) by adding four entities to the Entity List.  The U.S. Government has determined that the four entities are acting contrary to the national security or foreign policy interests of the United States.  The four entities will be listed on the Entity List under the destinations of People’s Republic of China (China) and Iran.

Entity List Rule

 

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2/29/16
81 FR 10083

Updated Legal Authority Citations

This rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The updates reflect recent editorial reclassifications within the United States Code, the repeal of certain statutory authorities, the continuation of an emergency declared in an executive order, and minor stylistic edits.  This is a non-substantive rule that only updates legal authority paragraphs of the NSIBR and the EAR.  It does not alter any right, obligation or prohibition that applies to any person under the NSIBR or the EAR.

PDF Format

 

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2/23/16
81 FR 8825

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List

This rule amends the Export Administration Regulations (EAR) by adding eight persons under eight entries to the Entity List.  The eight persons who are added to the Entity List 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 eight persons will be listed on the Entity List under the destination of the United Arab Emirates (U.A.E.).  This final rule also removes nine persons from the Entity List, as the result of a request for removal submitted by these persons, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity and further review conducted by the End-User Review Committee (ERC). Finally, this rule is also revising six existing entries in the Entity List.  One entry under Iran is modified to correct the entry by updating the Federal Register citation.  Five entries on the Entity List under the destinations of Armenia, Greece, India, Pakistan and the United Kingdom (U.K.) are modified to reflect a removal from the Entity List.

Entity List Rule

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2/19/16
81 FR 8421

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)

This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new “600 series” ECCNs 7B611, 7D611, and 7E611.  In addition, for certain dual-use infrared detection items, this proposed rule would expand controls for certain software and technology, eliminate the use of some license exceptions, revise licensing policy, and expand license requirements for certain transactions involving military end users or foreign military commodities.  This proposed rule would also harmonize provisions within the EAR by revising controls related to certain quartz rate sensors and uncooled thermal imaging cameras.

BIS Rule State Rule

 

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2/9/16
81 FR 6791

Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements

This proposed rule would add clarifying text to the descriptions of the types of military aircraft controlled on the Commerce Control List.  The lists of items that are subject only to the anti-terrorism reason for control would be clarified and expanded.  This proposed rule was published simultaneously with a Department of State proposed rule that would make related changes to Categories VIII and XIX of the United States Munitions List.  Comments on these proposed rules are due no later than March 25, 2016.

BIS Rule State Rule

 

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1/27/16
81 FR 4580

Cuba Licensing Policy Revisions

This amends the general policy of denial that applies applications for licenses to export or reexport to Cuba.  It provides a general policy of approval for five types of transactions and a policy of case-by-case review for items to meets the needs of the Cuban people even in instances where the Cuban government is the consignee.  This rule does not make any changes to license requirements or to license exception availability.  It was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule that amended the Cuban Assets Control Regulations.

BIS Rule Treasury Rule

 

Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements