rules

Published 2017

Rules published in other years: 2016 | 2015 | 2014 | 2013 | 2012 |  2011 

Publication Date Delayed Effective Date End of Comment Period Federal Register Citation Title of Federal Register
1/17/17     82 FR 4781 Revisions to Sudan Licensing Policy
1/13/17   3/14/17 81 FR 4287 Increase of Controls: Infrared Detection Items
1/10/17     81 FR 2883 Addition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity List (final rule)
1/10/17 1/15/17    81 FR 2875 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)
1/4/17     81 FR 722 Addition of Certain Entities to the Entity List

 


 

1/17/17
82 FR 4781

Revisions to Sudan Licensing Policy

This rule revises the policy of review for applications for licenses to export or reexport to Sudan certain items that are intended to ensure the safety of civil aviation or the safe operation of fixed-wing, commercial passenger aircraft.  Such applications will now be reviewed under a general policy of approval rather than a general policy of denial. This rule also revises the review policy from a general policy of denial to a general policy of approval for applications for licenses to export or reexport to Sudan certain items for use to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan.  This rule does not create any new license requirements or remove any existing license requirements for exports or reexports to Sudan.  BIS is making these licensing policy changes in connection with ongoing U.S.-Sudan bilateral engagement, and with the aim of enhancing the safety of Sudan’s civil aviation and improving the country’s railroads.  This action takes into account the United States’ goals to improve regional peace and security.  This rule also removes two instances of “contract sanctity dates” pertaining to the export and reexport of certain items to Sudan from the EAR that currently serve no practical purpose.  BIS is taking these actions in coordination with the Department of the Treasury’s Office of Foreign Assets Control (OFAC), which is amending the Sudanese Sanctions Regulations.

BIS Rule
Treasury Rule

 


 

                                      

1/13/17
82 FR 4287

Increase of Controls: Infrared Detection Items

On October 12, 2016, the Bureau of Industry and Security (BIS) published a final rule entitled ‘‘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 notice of inquiry is published to request comments from the public on the impact of further increasing certain controls implemented by that final rule.  Comments must be received by BIS no later than March 14, 2017.

BIS Final Rule

State Final Rule

 


                                      

1/10/17
82 FR 2883

Addition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity List 

This final rule amends the Export Administration Regulations (EAR) by adding five persons to the Entity List.  The five 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 five persons will be listed on the Entity List under the destination of Turkey.  This final rule also removes one entity from the Entity List under the destination of India as the result of a request for removal received by BIS and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity.  Finally, this rule is also revising five existing entries in the Entity List, under the destinations of Armenia, Greece, Pakistan, Russia  and the United Kingdom (U.K.).  Four of these entries are modified to reflect the removal from the Entity List of the entity located in India.  The license requirement for the entry under the destination of Russia is being revised to conform with a general license issued by the Department of the Treasury’s Office of Foreign Assets Control on December 20, 2016.

BIS Final Rule

 


                                      

1/10/17
82 FR 2875

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)

This final rule addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections.  The May 13 rule added controls to the EAR for spacecraft and related items that the President has determined no longer warrant control under USML Category XV – spacecraft and related items.  This is the third final rule BIS has published related to the May 13 rule and completes the regulatory action for the interim final rule.  These changes were also informed by comments received in response to the May 13 rule that included a request for comments, as well as interagency discussions on how best to address the comments.  The changes made in this final rule are grouped into four types of changes:  (1) changes to address the movement of additional spacecraft and related items from the USML to the CCL, as a result of changes in aperture size for spacecraft that warrant ITAR control, in response to public comments and further U.S. Government review; (2) changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; (3) other corrections and clarifications to the spacecraft interim final rule; and (4) addition of .y items to Export Control Classification Number 9A515.  This final rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls (DDTC) final rule, which makes changes, including corrections and clarifications, to the provisions adopted in the State Department’s own May 13, 2014 rule.  The State May 13 rule revised USML Category XV to control those articles the President has determined warrant control on the USML.  Both May 13 rules and the subsequent related rules are part of the President’s Export Control Reform Initiative.  This rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563.   This rule is effective on January 15, 2017.

BIS Final Rule

State Final Rule

 


                                      

1/4/17
82 FR 722

Addition of Certain Entities to the Entity List

This final rule amends the Export Administration Regulations (EAR) by adding five entities to the Entity List.  These five 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.  BIS is taking this action in conjunction with the designations made by the Office of Foreign Asset Controls, Department of the Treasury, under amended Executive Order 13694.  On December 29, 2016, the President issued an Executive Order Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber-Enabled Activities, which amended Executive Order 13694.  With this action, the existing authorities have been amended to also allow for the imposition of sanctions on individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions.  Five entities and four individuals are identified in the Annex of the amended Executive Order and have been added to OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List).  BIS, pursuant to Executive Order 13694, as amended, and in consultation with the Departments of State, Defense, Energy, and the Treasury, has designated five of these entities for addition to the Entity List.  This EAR final rule lists these entities on the Entity List under the destination of Russia.

BIS Final Rule


   
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