Published 2023
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Publication Date: 9/18/2023
88 FR 63840
Effective Date: 9/18/2023
Export Administration Regulations (EAR): Transfer of Access Information and Release of Software (Source Code and Object Code)
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make a technical correction that also serves to clarify provisions of the EAR pertaining to the release of “software” as set out in the sections on release and transfer of access information. This final rule clarifies an ambiguity in the EAR by adding a cross-reference addressing transfer of access information in the section on releases of “technology” and “software,” as was originally intended. In addition, this final rule adds a clarifying note that, for purposes of transfer of access information, a release of “software” includes both source code and object code.
Publication Date: 8/30/2023
88 FR 59791
Effective Date: 8/29/2023
Revisions of Temporary Denial Order Provisions to Allow for Extended Renewals in Certain Circumstances
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to create an additional option for the renewal of temporary denial orders (TDOs) by allowing BIS, under certain circumstances, to request that the Assistant Secretary for Export Enforcement renew an existing TDO for a period of no more than one year, rather than the current renewal period of no more than 180 days. This final rule also makes some conforming changes to remove references to the ‘EAA,’ the Export Administration Act (EAA), and add in their place references to ‘ECRA,’ the Export Control Reform Act (ECRA), to reflect the EAR’s current statutory authority.
Publication Date: 8/22/2023
88 FR 57002
Effective Date: 8/22/2023
Revisions to the Unverified List
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing a total of 35 persons from the Unverified List (UVL), including 27 under the destination of China, one under the destination of Indonesia, two under the destination of Pakistan, one under the destination of Singapore, one under the destination of Turkey, and one under the destination of the United Arab Emirates because BIS was able to verify their bona fides; two persons, under the destination of Russia, are also removed from the UVL after they were added to the Entity List.
Publication Date: 8/18/2023
88 FR 56462
Effective Date:
Commerce Control List: Updates Based on the Latest Nuclear Suppliers Group (NSG) Plenary Meetings
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect changes reached by the Nuclear Suppliers Group (NSG) in its June 2019 plenary meeting in Nur-Sultan (now Astana), Kazakhstan and its plenary meeting of June 2022 in Warsaw, Poland. Consistent with U.S. commitments as a participating country in the NSG, this rule revises five existing Export Control Classification Numbers (ECCNs) under the Commerce Control List (CCL). These changes protect U.S. nuclear nonproliferation interests, while aligning the EAR with the control text agreed to by participating governments (PGs).
Publication Date: 8/14/2023
88 FR 54875
Effective Date: 8/11/2023
Expansion of Nuclear Nonproliferation Controls on the People’s Republic of China and Macau
In response to the People’s Republic of China’s (China) military modernization efforts, military-civil fusion strategy, and expansion of its nuclear forces, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding additional nuclear nonproliferation controls on China and Macau. This change specifically applies to items controlled for Nuclear Nonproliferation (NP) column 2 reasons for control. These controls enhance U.S. Government efforts to monitor the export of these items and to ensure they are only being used in peaceful activities such as commercial nuclear power generation, medical developments, production of or use in medicine, and non-military industries.
Publication Date: 7/19/2023
88 FR 46071
Effective Date: 7/18/2023
Additions to the Entity List
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding four entities to the Entity List under the destinations of Greece, Hungary, Ireland, and North Macedonia. These four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.
Publication Date: 6/21/2023
88 FR 40084
Effective Date: 6/16/2023
Additions of Entities to the Entity List and Removal of Entity from the Entity List; Correction
The Department of Commerce is amending the Export Administration Regulations (EAR) by adding an inadvertently omitted entity to the Entity List.
Publication Date: 6/14/2023
88 FR 38739
Effective Date: 6/12/2023
Additions of Entities to the Entity List and Removal of Entity from the Entity List
The Department of Commerce is amending the Export Administration Regulations (EAR) by adding 43 entities under 50 entries to the Entity List. 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. These entries are listed on the Entity List under the destinations of China (31), Kenya (1), Laos (1), Malaysia (1), Pakistan (4), Singapore (1), South Africa (3), Thailand (1), the United Arab Emirates (5), and the United Kingdom (2). This rule also removes one entity from the Entity List under the destination of Latvia.
Publication Date: 5/22/2023
88 FR 32640
Effective Date: 5/19/2023
Addition of Entities to the Entity List
The Department of Commerce is amending the Export Administration Regulations (EAR) by adding seventy-one entities to the Entity List. 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 and will be listed on the Entity List under the destinations of Armenia, Kyrgyzstan, and Russia.
Publication Date: 5/22/2023
88 FR 33422
Effective Date: 5/19/2023
Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
In response to the Russian Federation’s (Russia’s) ongoing aggression against Ukraine, as substantially enabled by Belarus, 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 by expanding the foreign direct product rule that currently applies to Russia and Belarus to apply to the temporarily 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 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.
Publication Date: 4/20/2023
88 FR 24341
Section 1758 Technology Export Controls on Instruments for the Automated Chemical Synthesis of Peptides
The Bureau of Industry and Security (BIS), maintains controls on the export, reexport and transfer (in-country) of dual-use items and less sensitive military items pursuant to the Export Administration Regulations (EAR). Certain instruments for the automated synthesis of peptides (automated peptide synthesizers) have been identified by BIS as a Section 1758 emerging and foundational technology. In this rule, BIS proposes controls for these automated peptide synthesizers. BIS is seeking public comments on the proposed controls, detailed below.
Publication Date: 4/17/2023
88 FR 23332
Effective Date: 4/12/2023
Additions and Revisions of Entities to the Entity List
The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by adding 28 entities under 32 entries to the Entity List. These entities are listed under the destinations of Armenia (1), the People’s Republic of China (China) (12), Malta (1), Russia (10), Singapore (1), Spain (1), Syria (1), Turkey (1), the United Arab Emirates (UAE) (2), and Uzbekistan (2). 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 destinations of China and Russia.
Publication Date: 3/30/2023
88 FR 18983
Effective Date: 3/28/2023
Additions to the Entity List; Amendment to Confirm Basis for Adding Certain Entities to the Entity List Includes Foreign Policy Interest of Protection of Human Rights Worldwide
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eleven entities to the Entity List under the destinations of Burma, the People’s Republic of China (China), Nicaragua, and Russia. These eleven 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. In this rule, BIS also amends the EAR to explicitly confirm that the foreign policy interest of protecting human rights worldwide is a basis for adding entities to the Entity List.
Publication Date: 3/24/2023
88 FR 17706
Revisions to the Unverified List
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding 32 persons to the Unverified List (UVL). Of the 32 persons being added, one is under each of the following destinations: Bulgaria, Canada, Indonesia, Israel, Malaysia, Saudi Arabia, and Singapore; 14 are under the destination of China, two are under the destination of Germany, four are under the destination of Turkey, and five under the destination of the United Arab Emirates (UAE).
Publication Date: 3/06/2023
Effective Date: 3/02/2023
88 FR 13673
Additions and Revisions to the Entity List
The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by adding 37 entities under 38 entries to the Entity List. These entities are listed under the destinations of Belarus (1), Burma (3), the People’s Republic of China (China) (28), Pakistan (4), Russia (1), and Taiwan (1). Some entities are added under multiple entries, accounting for the difference in the totals. This final rule also modifies 10 existing entries on the Entity List under the destination of China.
2/27/2023
88 FR 12175
Effective Date: 2/24/2023
Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
In response to the Russian Federation’s (Russia’s) ongoing aggression against Ukraine, as substantially enabled by Belarus, the Department of Commerce is expanding and strengthening the existing sanctions against Russia and Belarus, including the scope of the Export Administration Regulations (EAR)’s Russian and Belarusian industry sector sanctions and ‘luxury goods’ sanctions. This rule also refines existing export controls on Russia and Belarus. The Department of Commerce is taking these actions to enhance the effectiveness of its controls on both countries and to better align them with those implemented by U.S. allies and partners.
2/27/2023
88 FR 12170
Effective Date: 2/24/2023
Additions of Entities to the Entity List
The Department of Commerce is amending the Export Administration Regulations (EAR) by adding 9 entities under 13 entries to the Entity List. 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. These entities are listed on the Entity List under the destinations of Canada (2), China (5), France (1), Luxembourg (1), Netherlands (1), and Russia (3).
88 FR 12155
Effective Date: 2/24/2023
Additions of Entities to the Entity List; Revisions of Entities on the Entity List
The Department of Commerce is amending the Export Administration Regulations (EAR) by adding seventy-six entities to the Entity List. 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 and will be listed on the Entity List under the destination of Russia. This rule also revises four existing entries on the Entity List under the destination of Russia.
BIS Rule2/27/2023
88 FR 12150
Effective Date: 2/24/2023
Export Control Measures Under the Export Administration Regulations (EAR) to Address Iranian Unmanned Aerial Vehicles (UAV) and Their Use by the Russian Federation Against Ukraine
This rule amends the Export Administrations Regulations (EAR) to impose new export control measures on Iran. These measures address the use of Iranian Unmanned Aerial Vehicles (UAVs) by the Russian Federation (Russia) in its ongoing war against Ukraine, contrary to U.S. national security and foreign policy interests. UAVs are also known as, Unmanned Aircraft System (UAS), but for purposes of the EAR, they are referred to as UAVs for consistency with the Missile Technology Control Regime (MTCR). These amendments to the EAR target Iran’s supply of UAVs to Russia to enhance Russia’s defense industrial base and its military efforts against Ukraine and build on prior efforts, including adding Iranian entities to the Entity List as Russian ‘military end users.’ Specifically, these controls impose license requirements for a subset of EAR99 items that are destined to Iran, regardless of whether a U.S. person is involved in the transaction. Such items are identified by Harmonized Tariff Schedule (HTS)-6 Codes in a new supplement being added to the EAR as part of this rule, which will allow BIS and other relevant U.S. government agencies to track and quantify these exports. This rule also adds a new foreign direct product (FDP) rule specific to Iran for items in certain categories of the Commerce Control List (CCL) and the EAR99 items identified in this new supplement, to identify additional foreign-produced items as subject to the EAR. This rule similarly revises the EAR’s existing Russia/Belarus FDP rule to reference these EAR99 items, thereby ensuring that the items described in the new supplement are similarly controlled to Russia and Belarus. Together, with a separate rule published in the same issue of the Federal Register adding export controls for Russia and Belarus, these changes impose license requirements on additional exports from abroad and reexports to Iran, Russia, and Belarus, with the purpose of degrading the Iranian UAV program and Russia’s use of such UAVs against Ukraine.
2/24/2023
88 FR 12108
Implementation of 2021 Wassenaar Arrangement Decisions
On August 15, 2022, BIS published a final rule that implemented some of these decisions by adding to the CCL four technologies that met the criteria for emerging or foundational technologies under Section 1758 of the Export Control Reform Act of 2018 (ECRA). This final rule implements the remaining controls agreed to during the December 2021 WA Plenary meeting by revising the CCL, as well as certain EAR provisions, including License Exception Adjusted Peak Performance (APP). This final rule also makes corrections to align the scope of Significant Item (SI) license requirements throughout the EAR and makes a revision to License Exception Strategic Trade Authorization (STA). This rule revises (16) ECCNs: 1A613, 1C006, 2E003, 3A001, 3A002, 4A003, 4D001, 4E001, 5A003, 6A005, 6A008, 6D003, 7D003, 9A004, 9B001, and 9E003; and removes (1) ECCN: 0A988. There is a delay of effective date of March 14, 2023 for revisions to 4A003, 4D001, 4E001 and to § 740.7(d)(3)(i) and (ii) (License Exception APP).
2/14/2023
88 FR 9389
Additions to the Entity List
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding six entities to the Entity List, under the destination of the People’s Republic of China (China). These six 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.
2/01/2023
88 FR 6621
Additions to the Entity List, effective January 31, 2023
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding seven entities to the Entity List. These seven entities, listed under the destination of Iran, have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States for contributing to Russia’s military and defense industrial base. They are being added to the Entity List with application of the Russia/Belarus-Military End User Foreign Direct Product rule.
1/18/2023
87 FR 2821
Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification; Updates to the Controls to Add Macau, effective January 17, 2023
On October 7, 2022, the Bureau of Industry and Security (BIS) put on public display the interim final rule, Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification (October 7 advanced computing and semiconductor manufacturing equipment rule) (87 FR 62186), which amended the Export Administration Regulations (EAR) to implement necessary controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items, and to make other changes to the EAR to ensure that appropriate controls are in place for these items, including specific activities of “U.S. persons.” This rule makes an initial update to the controls to more effectively achieve the policy objectives identified in the October 7 advanced computing and semiconductor manufacturing equipment rule by adding the same controls implemented on China in that rule to Macau. These changes are informed by BIS’s reviews of the October 7 advanced computing and semiconductor manufacturing equipment rule and of the questions that BIS has received since October 7, 2022. The comment period on the advanced computing rule was originally scheduled to close on December 12, 2022 but, in a rule published on December 7, 2022 (87 FR 74966), BIS extended it to close on January 31, 2023. The public may submit comments on the controls in the October 7 advanced computing and semiconductor manufacturing equipment rule, which BIS is extending to Macau in this rule. BIS intends to publish a subsequent rule to respond to the comments received, including making updates to the controls included in the October 7 advanced computing and semiconductor manufacturing equipment rule.
1/17/2023
87 FR 2507
Implementation of Australia Group Decisions from 2021 and 2022 Virtual Meetings: Controls on Marine Toxins, Plant Pathogens and Biological Equipment
Summary: The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect decisions made at the November 2021 and March 2022 Australia Group (AG) Virtual Implementation Meetings and the AG Plenary Meeting held in July 2022. The amendments include revisions to certain Export Control Classification Numbers to clarify the controls on genetic elements and genetically modified organisms and the scope of the exclusion that applies to medical isolators “specially designed” for barrier nursing or transportation of infected patients; and makes clarifications by adding four naturally occurring, dual-use marine toxins (specifically, brevetoxins, gonyautoxins, nodularins and palytoxin) and removing cholera toxin. The addition of these four toxins is consistent with Section 1758 of the Export Control Reform Act of 2018 (ECRA) regarding emerging and foundational technologies. Finally, this rule also includes amendments to reflect the AG Plenary updates to the nomenclature of certain bacteria and fungi, and the clarification of the definition of “disinfected” as it applies to certain biological equipment.