Published 2024
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Addition of Entities to and Revision of Entry on the Entity List
Publication Date: 04/11/2024
Effective Date: 04/11/2024
89 FR 25503
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 11 entries to the Entity List, under the destinations of the Peoples Republic of China (China) (6), the Russian Federation (Russia) (3), and the United Arab Emirates (UAE) (2). These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also modifies one existing entity on the Entity List under the destination of China.
Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections; and Export Controls on Semiconductor Manufacturing Items; Corrections and Clarifications
Publication Date: 04/04/2024
89 FR 23876
On October 25, 2023, the Bureau of Industry and Security (BIS) published in the Federal Register the interim final rules (IFR), ‘‘Export Controls on Semiconductor Manufacturing Items’’ (SME IFR) and ‘‘Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections’’ (AC/S IFR). This rule corrects inadvertent errors in those rules and makes additional clarifications for the two rules.
Export Administration Regulations End-User Controls: Imposition of Restrictions on Certain Persons Identified on the List of Specially Designated Nationals and Blocked Persons (SDN List)
Publication Date: 03/21/2024
89 FR 20107
In this final rule, the Bureau of Industry and Security (BIS) makes changes to the end-user controls of the Export Administration Regulations (EAR) to add end-user controls, and in certain cases expand existing end-user controls, on certain persons identified on the List of Specially Designated Nationals and Blocked Persons (SDN List) maintained by the Department of the Treasury’s Office of Foreign Assets Control (OFAC). Specifically, the rule imposes licensing restrictions on the export, reexport, and transfer (in-country) of all items subject to the EAR in which a party to the transaction is designated on the SDN List under the programs associated with one of the following eleven codes or identifiers: [BELARUS], [BELARUS-EO14038], [RUSSIA-EO14024], [UKRAINE-EO13660], [UKRAINE-EO13661], [UKRAINE-EO13662], [UKRAINE-EO13685], [ILLICIT DRUGS-EO14059], [SDNT], [SDNTK], and [TCO]. Second, this final rule makes several structural and technical changes to the end-user controls part of the EAR. To facilitate compliance, it consolidates into one section three existing end-user provisions that are related to certain persons that are identified on the SDN List, with a set of new end-user provisions that apply to persons captured under the eleven additional SDN List identifiers. As a result of this consolidation, all EAR SDN List-related end-user provisions will be in the same EAR section under the end-user controls part of the EAR. This final rule also removes four end-user control provisions in the EAR that are either outdated or obsolete in light of changes made to other federal authorities.
Revisions To Export, Reexport, and Transfer (In-Country) Controls for Nicaragua under the Export Administration Regulations
Publication Date: 03/15/2024
89 FR 18780
In this final rule, BIS amends the Export Administration Regulations (EAR) to apply more restrictive treatment to exports and reexports to, and transfers (in-country) within, Nicaragua of items subject to the EAR. This action is consistent with the State Department’s addition of Nicaragua to the list of countries that are subject to a U.S. arms embargo under the International Traffic in Arms Regulations (ITAR). To reflect this changed status under the ITAR, BIS adds Nicaragua to Country Group D:5. BIS’s amendments also address concerns regarding the Nicaraguan Government’s commission of human rights abuses against citizens and civil society groups, as well as the regime’s ongoing military and security cooperation with Russia. Specifically, BIS is moving Nicaragua from Country Group B to Country Group D, a more restrictive country grouping, applying a stringent licensing policy for items controlled for national security reasons, and making the country subject to ‘military end use’ and ‘military end user’ restrictions. This rule advances the U.S. Government’s efforts to restrict the availability of items subject to the EAR to Nicaragua’s military and security services. Additionally, consistent with BIS’s authorities under the Export Control Reform Act of 2018, this rule demonstrates a commitment to using export controls to protect human rights and promote democracy.
Clarification of Controls on Radiation Hardened Integrated Circuits and Expansion of License Exception GOV
Publication Date: 03/13/2024
Effective Date: 03/13/2024
End of Comment Date: 04/12/2024
89 FR 18353
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to clarify controls on radiation hardened integrated circuits, including controls on computer and telecommunications equipment incorporating such radiation hardened integrated circuits. This rule also addresses certain scenarios that apply to certain integrated circuits acquired, tested, or otherwise used by or for the United States Government and affirms the availability of License Exception GOV for such items when pursuant to an official written request or directive from the Department of Defense or the Department of Energy. Lastly, this rule expands the availability of License Exception GOV for microelectronics items being exported, reexported, or transferred (in-country) in furtherance of a contract between the exporter, reexporter, or transferor and a department or agency of the U.S. Government when the contract provides for the export, reexport, transfer (in-country) of the item by the exporter, reexporter, or transferor in order to remove export control obstacles for official business of the U.S. Government, including the Department of Energy and the Department of Defense.
Additions of Entities, Revisions of Entries, and Removal of an Entity from the Entity List
Publication Date: 02/27/2024
Effective Date: 02/27/2024
89 FR 14403
The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by adding two entities under seven entries to the Entity List. These entities are listed under the destinations of Canada (1), the People’s Republic of China (China) (1), India (1), Japan (1), Malaysia (1), Sweden (1), and the United Arab Emirates (UAE) (1). Some entities are added under multiple entries, accounting for the difference in the totals. This final rule also modifies two existing entries on the Entity List under the destination of China. This final rule removes one entity under the destination of the UAE.
Additions of Entities to the Entity List
Publication Date: 02/27/2024
Effective Date: 02/23/2024
89 FR 14385
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 93 entities under 95 entries to the Entity List. These entries are listed on the Entity List under the destinations of the People’s Republic of China (China) (8), India (1), Kyrgyzstan (2), Russia (63), South Korea (1), Turkey (16), and the United Arab Emirates (UAE) (4). Two entities are added to the Entity List under two destinations, accounting for the difference in the totals. These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.
Revision of License Requirements of Certain Cameras, Systems, or Related Components
Publication Date: 02/23/2024
89 FR 13590
With this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR), which it maintains, by revising license requirements for certain cameras, systems, and related components. These revisions will better align controls with technological and commercial developments, such as the items' global commercial availability, while recognizing the cooperative strategic relationship the United States has with our closest allies. In addition to these changes, BIS is adding controls on certain cameras that are not already controlled by either export control classification number (ECCN) 6A003 or 6A203. These new controls are detailed under new ECCN 6A293, which is a classification for temporary controls for which BIS is seeking multilateral agreement.
Clarifications and Updates to Defense Priorities and Allocations System Regulation
Publication Date: 02/07/2024
89 FR 8363
This proposed rule would amend the Bureau of Industry and Security’s (BIS) Defense Priorities and Allocations System (DPAS) regulation by providing administrative changes to well-established standards and procedures. This proposed rule would: clarify existing standards and procedures by which BIS may provide Special Priorities Assistance (SPA); revise Schedule I to provide transparency and differentiation between other departments’ priorities jurisdiction and the Department of Commerce’s jurisdiction; and provide technical edits to reflect certain nonsubstantive updates since the DPAS regulation was last amended in 2014, including providing updated contact information, legal citations, and definitions.
Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
Publication Date: 01/25/2024
Effective Date: 01/23/2024
89 FR 4804
In response to the Russian Federation’s (Russia’s) ongoing aggression against Ukraine and Belarus’s complicity in the invasion, the Department of Commerce is strengthening its existing sanctions under the Export Administration Regulations (EAR) against Russia and Belarus, including by expanding the scope of the EAR’s Russian and Belarusian Industry Sector Sanctions and making certain changes to the licensing requirements that apply to the occupied Crimea region of Ukraine as well. Additionally, this rule revises recent restrictions targeting Iran’s supply of Unmanned Aerial Vehicles to Russia. This rule also refines certain existing export controls on Russia and Belarus. The Department of Commerce is taking these actions to enhance the effectiveness of its controls on these countries and to better align them with those implemented by U.S. allies and partners.
Removals from the Unverified List
Publication Date: 01/23/2024
Effective Date: 01/19/2024
89 FR 4187
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) removes three persons from the UVL because BIS was able to verify their bona fides. This rule removes “Skymount Drones” under the destination of Canada, “Plexus (Xiamen) Co., Ltd.,” under the destination of China, and “Delma Industrial Supply & Marine Services” under the destination of the United Arab Emirates. BIS is removing these three persons pursuant to § 744.15(c)(2) of the EAR.