Published 2021

Rules published in other years: 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 

01/19/21
86 FR 4929

Implementation in the Export Administration Regulations of the United States’ Rescission of Sudan’s Designation as a State Sponsor of Terrorism

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the rescission of Sudan’s designation as a State Sponsor

of Terrorism (SSOT). The Secretary of State rescinded this designation effective December 14, 2020 in accordance with established statutory procedures, including the President’s October 26, 2020 submission to Congress of a report justifying the rescission and certifying Sudan had not

provided any support for acts of international terrorism during the preceding six month period and that Sudan had provided assurances that it would not support acts of international terrorism in the future. Accordingly, BIS amends the EAR by removing Anti-Terrorism (AT) controls on the country and by removing Sudan from Country Group E:1 (Terrorist supporting countries). These actions render the country eligible for a general 25 percent de minimis level. As a consequence of these actions, as well as the addition of the country to Country Group B, Sudan

is also potentially eligible for several new license exceptions under the EAR. However, pursuant to this rule, two license exceptions will be unavailable for exports and reexports to Sudan. BIS

also makes conforming amendments in other applicable EAR provisions as part of this rule. Rule effective 01/14/2021.

BIS Rule

1/15/21

86 FR 4865

Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons.

The Bureau of Industry and Security (BIS), Department of Commerce, is issuing this interim final rule to implement the provisions of the Export Control Reform Act of 2018 by: imposing additional license requirements under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country), as well as specific activities of U.S. persons, in connection with certain military-intelligence end uses and end users; clarifying that license requirements under the EAR for specific activities of U.S. persons apply even when the items at issue are not subject to the EAR; establishing restrictions on transactions intended to circumvent license requirements for listed entities; and expanding the scope of activities subject to chemical and biological weapons and rocket systems and unmanned aerial vehicles end-use controls. Comments on this rule may be submitted to the Federal rulemaking portal (www.regulations.gov). The regulations.gov ID for this rule is: BIS–2020–0044 or RIN 0694–AI38. Comments must be received by BIS no later than March 1, 2021.

BIS Rule     

1/15/21
86 FR 4862

Addition of Entity to the Entity List, and Addition of Entity to the Military End-User (MEU) List and Removals from the MEU List, effective January 14, 2021

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one entity to the Entity List. This one entity 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 entity will be listed on the Entity List under the destination of the People’s Republic of China (China). In addition, this final rule amends the EAR by adding one entity to the Military End-User (MEU) List. Lastly, this final rule removes two entities from the MEU List to remove a duplicate listing.    

BIS Rule

1/12/21
86 FR 2252

Change to the License Review Policy for Unmanned Aerial Systems (UAS) to Reflect Revised United States UAS Export Policy

Consistent with President Donald J. Trump’s July 24, 2020 announcement of a change in U.S. policy regarding the export of Unmanned Aerial Systems (UAS), the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) licensing review policy with respect to certain UAS that are controlled for Missile Technology (MT) reasons. UAS that have a range and payload capability equal to or greater than 300 kilometers (km)/500 kilograms (kg) are identified on the Missile Technology Control Regime (MTCR) Annex as Category I items. Pursuant to this amendment, BIS will review export and reexport license applications involving UAS that fall within these parameters and a maximum true airspeed of less than 800 km/hour (hr) for export licensing review purposes on a case-by-case basis under the more flexible review policy generally applied to MTCR Category II items under the EAR. BIS will also review MT items for the design, development, production, or use in such UAS on a case-by-case basis. This policy change reflects a reasonable approach to technological change and the protection of the national security and economic interests of the United States, while simultaneously remaining committed to the MTCR and its core nonproliferation objectives.         

BIS Rule

1/7/2021

86 FR 944

Commerce Control List: Clarifications to the Scope of Export Control Classification Number 1C991 to Reflect Decisions Adopted at the June 2019 Australia Group Plenary Meeting.

This final rule amends the EAR to clarify the scope of the export controls that apply to certain vaccines, consistent with the vaccine release (i.e., exclusion) note contained in the Australia Group (AG) “Human and Animal Pathogens and Toxins for Export Control” common control list. Specifically, this rule amends Export Control Classification Number (ECCN) 1C991 on the Commerce Control List (CCL) to indicate that it includes vaccines containing, or designed for use against, any of the items identified in ECCN 1C351, 1C353 or 1C354. Prior to the effective date of this final rule, ECCN 1C991 indicated that it controlled vaccines “against” such items, but was not specific about whether all vaccines “containing” such items were controlled, irrespective of whether the vaccines were designed for use “against” such items. This rule also expands the scope of medical products controlled under ECCN 1C991 to include those containing genetically modified organisms and genetic elements described in ECCN 1C353.a.3. In addition, this rule clarifies the definition of ‘immunotoxin’ that appears in ECCN 1C351 and ECCN 1C991 and removes the definition of ‘subunit’ from ECCN 1C351. Finally, this rule renumbers ECCN 1C991.c and .d by listing medical products that are subject to chemical/biological (CB) controls, as well as anti-terrorism (AT) controls, under ECCN 1C991.c and listing medical products that are subject only to AT controls under ECCN 1C991.d. A conforming amendment is made to Section 742.2(a)(3) of the EAR to reflect this change in paragraph sequencing.

BIS Rule

1/7/2021

86 FR 936

Chemical Weapons Convention Regulations and the Export Administration Regulations: Additions to Schedule 1(A) of the Annex on Chemicals to the Chemical Weapons Convention.

This final rule amends the Chemical Weapons Convention Regulations (CWCR) and the Export Administration Regulations (EAR) to reflect recent additions to Schedule 1(A) of the Annex on Chemicals to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, also known as the Chemical Weapons Convention (CWC). Specifically, this rule amends part 712 of the CWCR and part 745 of the EAR to add three “Schedule 1” chemical families and one individual “Schedule 1” chemical to both sets of regulations, consistent with two decisions adopted by the States Parties to the CWC during the 24th Conference of the States Parties, held in The Hague, the Netherlands, from November 25 – 29, 2019. This final rule also amends the CWCR’s definition of “production” to clarify the scope of this term as it applies to declarations regarding the production of “Schedule 1,” “Schedule 2,” or “Schedule 3” chemicals.

BIS Rule

01/06/2021
86 FR 461

Technical Amendments to the Export Administration Regulations: Export Control Classification Number 0Y521 Series Supplement— Extension of Software Specially Designed To Automate the Analysis of Geospatial Imagery Classification

On January 6, 2020, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add Software Specially Designed to Automate the Analysis of Geospatial Imagery to the 0Y521 Temporary Export Control Classification Numbers (ECCN) Series as 0D521. In this action BIS extends that status for a year (to January 6, 2022) pursuant to the 0Y521 series extension procedures.

BIS Final Rule