rules

Published 2020

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Publication Date

Effective Date

(if not date of publication)

End of Comment Period Federal Register Citation Title of Federal Register
 06/18/2020  06/18/2020   08/17/2020 85 FR 36719 Release of ‘‘Technology’’ to Certain Entities on the Entity List in the Context of Standards Organizations
 06/17/2020     85 FR 36483 Implementation of the February 2020 Australia Group Intersessional Decisions: Addition of Certain Rigid-Walled, Single-Use Cultivation Chambers and Precursor Chemicals to the Commerce Control List
 06/05/2020     85 FR 34503 Addition of Entities to the Entity List, and Revision of Entry on the Entity List
 06/05/2020     85 FR 34495 Addition of Entities to the Entity List, and Revision of Entry on the Entity List
 06/03/2020 06/29/2020   85 FR 34306 Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela (Correction)
 05/19/2020 05/15/2020 07/14/2020 85 FR 29849 Amendments to General Prohibition Three (Foreign-Produced Direct Product Rule) and the Entity List
05/18/2020 05/15/2020   85 FR 29610 Temporary General License: Extension of Validity final rule on public display and effective 5/15/20
04/28/2020   06/29/2020 85 FR 23496 Modification of License Exception Additional Permissive Reexports (APR); Proposed rule
04/28/2020 06/29/2020   85 FR 23470 Elimination of License Exception Civil End Users (CIV) Final Rule, effective June 29, 2020
04/28/2020 06/29/2020   85 FR 23459 Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela Final rule, effective June 29, 2020
04/02/2020 03/06/2020   85 FR 18438 Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Notifying the Public of the Bureau’s Interim Measures with Respect to March 6, 2020 Court Order
 03/27/2020 03/25/2020 04/22/2020 85 FR 17300 Request for Comments on Future Extensions of Temporary General License (TGL)
03/16/2020     85 FR 14794 Addition of Entities to the Entity List, and Revision of Entry on the Entity List)
03/12/2020 03/10/2020 03/25/20 85 FR 14428 Request for Comments on Future Extensions of Temporary General License (TGL)
03/12/2020 03/10/2020   85 FR 14416 Temporary General License: Extension of Validity final rule on public display and effective 3/10/20
03/06/2020     85 FR 13009 Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations (correcting amendment)
02/24/2020     85 FR 10274 Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations
02/18/2020  02/13/2020   85 FR 8722 Temporary General License: Extension of Validity, effective February 13, 2020 BIS Final rule
01/23/2020  03/09/2020   85 FR 4136 Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control under the United States Munitions List (USML)
01/06/2020    03/06/2020 85 FR 459 Addition of Software Specially Designed to Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series

 

  

     


               

6/18/20
85 FR 36719 

Release of ‘‘Technology’’ to Certain Entities on the Entity List in the Context of Standards Organizations

Huawei Technologies Co., Ltd. (Huawei) and 114 of its foreign affiliates were added to the Entity List by the Bureau of Industry and Security (BIS) in 2019, but continue to participate in many important international standards organizations in which U.S. companies also participate. As international standards serve as the building blocks for product development and help ensure functionality, interoperability, and safety of the products, it is important to U.S. technological leadership that U.S. companies be able to work in these bodies in order to ensure that U.S. standards proposals are fully considered. Since Huawei’s addition to the Entity List, organizations have consequently sought clarity about U.S. industry participation in standards development. BIS is amending the Export Administration Regulations (EAR) to authorize the release of certain technology to Huawei and its affiliates on the Entity List without a license if such release is made for the purpose of contributing to the revision or development of a ‘‘standard’’ in a ‘‘standards organization.’’ For the purpose of this interim final rule, a ‘‘standard’’ is as defined in Office of Management and Budget (OMB) Circular A–119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, and a ‘‘standards organization,’’ is the equivalent of a ‘‘voluntary consensus standards body’’ as defined in Office of Management and Budget (OMB) Circular A–119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. This interim final rule does not change the assessment of whether ‘‘technology’’ is subject to the EAR. BIS is requesting comments on the impact of these revisions.

This rule is effective June 18, 2020.

Submit comments on or before August 17, 2020.

 

BIS Rule



  


                      

 

6/17/2020
85 FR 36483
 

Implementation of the February 2020 Australia Group Intersessional Decisions:  Addition of Certain Rigid-Walled, Single-Use Cultivation Chambers and Precursor Chemicals to the Commerce Control List.

This final rule amends the EAR to implement the decisions made at the February 2020 Australia Group (AG) intersessional implementation meeting, and those later adopted pursuant to the AG’s silence procedure.  ECCN 1C350 is amended by adding twenty-four precursor chemicals to 1C350.d and alphabetically reordering the precursor chemicals listed in ECCN 1C350.d to reflect these additions.  ECCN 1C351 is amended by adding the Middle East respiratory syndrome-related coronavirus (MERS-related coronavirus) to ECCN 1C351.a.30.  The viruses in ECCN 1C351.a that were previously numbered, in alphabetical order, as .a.30 through .a.57 are renumbered as .a.31 through .a.58, respectively.  ECCN 2B352 is amended by adding a Technical Note to indicate that cultivation chamber holding devices controlled in 2B352.b.2.b include single-use cultivation chambers with rigid walls.  The addition of the twenty-four precursor chemicals to ECCN 1C350.d and the disposable cultivation chambers to ECCN 2B352.b.2.b by this final rule is consistent with the finding, in accordance with the “emerging technologies” interagency process authorized under the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-4852), that the imposition of export controls on these items is essential to the national security of the United States.  Finally, although this rule does not amend ECCN 1D390, 1E001, 1E350, 1E351, 2E001, 2E002 or 2E301, “software” or “technology” related to the items added to the CCL by this rule is controlled under one or more of these ECCNs if such “software” or “technology” falls within the parameters of the controls described therein.         

BIS Rule


                                        

 

6/5/20
85 FR 34503

Addition of Entities to the Entity List, and Revision of Entry on the Entity List

This final rule amends the Export Administration Regulations (EAR) by adding nine entities to the Entity List.  These nine entities have been determined by the U.S. Government to be acting contrary to the foreign policy interests of the United States and will be listed on the Entity List under the destination of the People’s Republic of China (China). This rule also modifies two entries and revises one entry on the Entity List under the destination if China.  


BIS Final Rule


                                                                   

6/5/20
85 FR 34495

Addition of Entities to the Entity List, and Revision of Entry on the Entity List

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-four entities, under twenty-five entries, to the Entity List.  These twenty-four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  The entities are located under the destination of the People’s Republic of China (China), Hong Kong and the United Kingdom (U.K.).  This rule also modifies three existing entries on the Entity List under the destination of China. 


BIS Rule


                                                                            

06/03/2020
85 FR 34306

 

Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela

Final rule, effective June 29, 2020 (Correction)

This correction rule makes no changes to the content of the Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela final rule published April 28, 2020 (85 FR 23460)

The April 28 rule revised portions of Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) (Supplement No. 1 to part 774).

The April 28 rule published only the revised portions of each ECCN; this correction publishes each revised ECCN in full in accordance with prescribed formatting.

 

BIS Rule


                                                 
05/19/2020
85 FR 29849

Export Administration Regulation: Amendments to General Prohibition Three (Foreign-Produced Direct Product Rule) and the Entity List

 

This rule amends General Prohibition Three, also known as the foreign-produced direct product rule, by exercising existing authority under the Export Control Reform Act of 2018 (ECRA), to impose a new control over certain foreign-produced items, when there is knowledge that such items are destined to a designated entity on the Entity List. A foreign-produced item is subject to the new control if the entity for which the item is destined has a footnote 1 designation in the Entity List.  This rule also applies this new control to Huawei Technologies Co., Ltd. (Huawei) and its non-U.S. affiliates listed as entities.  The Bureau of Industry and Security (BIS) is requesting comments on the impact of this rule.

 

Submit comments on or before July 14, 2020.

 

BIS Rule

 


                                                                   

05/18/2020                                                                                                                                                                      
85 FR 29610

Temporary General License: Extension of Validity, effective May 15, 2020

The U.S. Government has decided to extend through August 13, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of May 15, 2020, and substitute the date of August 13, 2020


BIS Rule


        

04/28/2020                                                                                                                                                                      
85 FR 23496

Modification of License Exception Additional Permissive Reexports (APR); Proposed rule

The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by modifying License Exception Additional Permissive Reexports (APR). Specifically, BIS is proposing to remove provisions which authorize reexports of certain national security-controlled items on the Commerce Control List (CCL) to gain better visibility into transactions of national security or foreign policy interest to the United States.

Comments must be received by BIS no later than June 29, 2020.



BIS Proposed Rule



            

        

04/28/2020                                                                                                                                                               
85 FR 23470

Elimination of License Exception Civil End Users (CIV)
Final Rule, effective June 29, 2020

In this final rule, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing License Exception Civil End Users (CIV) and requiring a license for national security controlled items on the Commerce Control List (CCL) to countries of national security concern. This will advance U.S. national security interests by allowing U.S. government review of these transactions to these countries prior to export, reexport or transfer (in-country) in accordance with current licensing policy for national security controlled items on the CCL. This rule also makes conforming changes to the CCL by removing the CIV paragraph from each Export Control Classification Number on the CCL where it appears.

 

BIS Final Rule


 

                                                                            

04/28/2020                                                                                                                                                                     
85 FR 23459

Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela

Final rule, effective June 29, 2020

In this final rule, The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to expand license requirements on exports, reexports, and transfers (in-country) of items intended for military end use or military end users in the People’s Republic of China (China), Russia, or Venezuela. Specifically, this rule expands the licensing requirements for China to include ‘‘military end users,’’ in addition to ‘‘military end use.’’ It broadens the list of items for which the licensing requirements and review policy apply and expands the definition of ‘‘military end use.’’

Next, it creates a new reason for control and the associated review policy for regional stability for certain items exported to China, Russia, or Venezuela, moving existing text related to this policy. Finally, it adds Electronic Export Information filing requirements in the Automated Export System for exports to China, Russia, and Venezuela.

 

BIS Final Rule

Revisions to EEI Filing Requirements Pursuant to Revisions to Section 744.21 (China/Russia/Venezuela military end use/end user rule)

 


 

     

04/02/20 
85 FR 18438

Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Notifying the Public of the Bureau’s Interim Measures with Respect to March 6, 2020 Court Order

The Bureau of Industry and Security (BIS) is publishing this notification to alert the public of the Bureau’s interim measures with respect to a court order issued on March 6, 2020. 

BIS Notification of court order

State Notification of preliminary injunction

 


 

                                           03/27/20
85 FR 17300

Request for Comments on Future Extensions of Temporary General License (TGL), effective March 25, 2020

The Bureau of Industry and Security (BIS) issued a notification of inquiry requesting comments on future extensions of a temporary general license under the Export Administration Regulations (EAR), published in the Federal Register on March 12, 2020 with the comment period starting on the date of display on the public inspection list on March 10, 2020 and closing on March 25, 2020.  This notice reopens the comment period through April 22, 2020.  Comments submitted anytime between March 10, 2020 and April 22, 2020 will be accepted and considered.

 

BIS Rule

 


                                                         

03/16/20

85 FR 14794

Addition of Entities to the Entity List, and Revision of Entry on the Entity List

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-four entities to the Entity List. These twenty-four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of the People’s Republic of China (China), Iran, Pakistan, Russia and the United Arab Emirates (U.A.E.). This rule also revises five existing entries on the Entity list, one each under the destinations of France, Iran, Lebanon, Singapore and the United Kingdom.

 

BIS Final Rule


                                                                                                                                                                                    

03/12/20

85 FR 14428

Request for Comments on Future Extensions of Temporary General License (TGL), effective March 10, 2020

The Bureau of Industry and Security (BIS) is requesting comments on future extensions of a temporary general license under the Export Administration Regulations (EAR).  BIS is requesting these comments to assist the U.S. Government in evaluating whether the temporary general license should continue to be extended, to evaluate whether any other changes may be warranted to the temporary general license, and to identify any alternative authorization or other regulatory provisions that may more effectively address what is being authorized under the temporary general license.  Comments must be received by BIS no later than March 25, 2020.

 

BIS Notice


                                                                                                                                                                                    

03/12/20

85 FR 14416

Temporary General License: Extension of Validity, effective March 10, 2020 BIS Final rule

The U.S. Government has decided to extend through May 15, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of April 1, 2020, and substitute the date of May 15, 2020.

 

BIS Final Rule


                                                                                                                                                                                    

03/06/20
85 FR 13009

Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations (correcting amendment)

The Bureau of Industry and Security (BIS) publishes this document to correct a final rule published in the Federal Register on February 24, 2020 (February 24th rule), in which BIS

amended the Export Administration Regulations (EAR) to revise the Country Group designations for the Russian Federation (Russia) and Yemen based on national security and foreign policy concerns, including proliferation-related concerns. This document corrects the

final rule to provide an instruction to remove Yemen from Country Group B, as was described in the preamble of the February 24th rule. This correction is effective March 6, 2020 and is applicable on February 24, 2020.

 

BIS Rule

 


 

02/24/20
85 FR 10274

Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the Country Group designations for the Russian Federation (Russia) and Yemen based on national security and foreign policy concerns, including proliferation-related concerns. This action is intended to facilitate and support accountability in connection with exports and reexports of items to these destinations under the EAR, and is part of a larger effort to restructure and re-align the Country Groups based on the aforementioned interests.

BIS Rule

 

 


                                                                                                                                                                                    

02/18/20
FR
8722

Temporary General License: Extension of Validity, effective February 13, 2020 BIS Final rule

The U.S. Government has decided to extend through April 1, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 16, 2020, and substitute the date of April 1, 2020.

BIS Rule


                                                                                                                                                                                     

01/23/20
85 FR 4136

Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control under the United States Munitions List (USML)

On May 24, 2018, the Department of Commerce published a proposed rule in conjunction with a Department of State proposed rule to revise Categories I (firearms, close assault weapons and combat shotguns), II (guns and armaments), and III (ammunition/ordnance) of the USML and transfer items that no longer warrant control on the USML to the Commerce Control List (CCL). This final rule responds to and adopts changes based on the comments received on the Commerce proposed rule and is being published simultaneously with a final rule by the Department of State that will revise Categories I, II, and III of the USML to describe more precisely the articles warranting continued control on that list. These revisions complete the initial review of the USML that the Department of State began in 2011 and the conforming changes made to the EAR to control these items not warranting control under the International Traffic in Arms Regulations (ITAR).

BIS Rule

State Rule

Category I-III Myths and Facts

State Transition Guidance for Revisions to Categories I, II and III

 


                                                                                                                                                                                     

01/06/20
85 FR 459

Addition of Software Specially Designed to Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose a license requirement for the export and reexport of those items to all destinations, except Canada. Specifically, this rule classifies software specially designed to automate the analysis of geospatial imagery, as specified, under the Export Control Classification Number (ECCN) 0Y521 series, specifically under ECCN 0D521.   BIS adds this item to the 0Y521 series of ECCNs upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, and other agencies as appropriate, that the items warrant control for export because the items may provide a significant military or intelligence advantage to the United States or because foreign policy reasons justify control, pursuant to the ECCN 0Y521 series procedures.

BIS Rule


 

Category I-III (firearms) final rule published 01/23/2020 (85 FR 4136) Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4

 

 

   
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