Bureau of Industry and Security – Federal Register Recent Federal Regulation Documents

On October 23, 2024, the Bureau of Industry and Security (BIS) published in the Federal Register the proposed rule, "Export Administration Regulations: Revisions to Space-Related Export Controls, Including Addition of License Exception Commercial Space Activities (CSA)" with comments originally due November 22, 2024. This notification extends the deadline for written comments to December 23, 2024. This extension is being made to allow for commenters to have additional time to review the proposed rule and to be informed by the public outreach that BIS is conducting on the rule in preparing their comments. Extending the public comment period will not in any way undermine the rule or national security of the United States.

On October 23, 2024, the Bureau of Industry and Security (BIS) published in the Federal Register a proposed rule, "Export Administration Regulations: Revisions to Space-Related Export Controls, including Addition of License Exception Commercial Space Activities (CSA)." On the same day, the State Department's Directorate of Defense Trade Controls (DDTC) published in the Federal Register a proposed rule, "International Traffic in Arms Regulations (ITAR): U.S. Munitions List Categories IV and XV." This document announces that, on November 6, 2024, BIS will host a public briefing on these proposed rules. This document also provides details on the procedures for participating in the public briefing. Elsewhere in this issue of the Federal Register, BIS is publishing notification of the public briefing on related final rules.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 40 entities under 42 entries and four addresses under four entries to the Entity List. These entries are listed on the Entity List under the destinations of China, People's Republic of (China) (11), India (5), Malaysia (2), Russia (13), Singapore (1), and Turkey (14). Two entities are added to the Entity List under two destinations, which accounts for the difference in the totals. This final rule also modifies 52 existing entries on the Entity List under the destinations of China, Estonia, Finland, India, Turkey, the United Arab Emirates (UAE), and the United Kingdom. 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 final rule is being published concurrently with a BIS final rule, "Implementation of Additional Export Controls Against Russia and Belarus Under the Export Administration Regulations (EAR); and Clarifications" (RIN 0694-AJ93), which includes additional changes related to export controls related to Russia and Belarus.

In this final rule, the Bureau of Industry and Security (BIS) makes changes to the export controls against Russia and Belarus under the Export Administration Regulations (EAR). This final rule expands the scope of the Russian and Belarusian Industry Sector Sanctions by imposing controls on nine key precursors for riot control agents and a chemical weapon that Russia has deployed against Ukraine in violation of the Chemical Weapons Convention (CWC). This final rule also makes adjustments to exclusions, exceptions, and licensing policy for exports, reexports, or transfers (in-country) to certain components of the governments of Country Group A:5 and A:6 destinations that are in Russia and Belarus. Lastly, this final rule clarifies that the Russia/ Belarus-Military End User and Procurement Foreign-Direct Product (FDP) rule and the EAR's other Entity List FDP rules' license requirements extend to or within any destination or to any end user or party that otherwise meets the criteria. This final rule is being published concurrently with a BIS final rule, "Additions and Revisions of Entities to the Entity List" (RIN 0694-AJ94), which includes additional changes related to export controls related to Russia and Belarus.

In this proposed rule, the Bureau of Industry and Security (BIS) proposes changes to controls for spacecraft and related items under the Export Administration Regulations (EAR) that would conform to proposed changes to the International Traffic in Arms Regulations (ITAR) related to U.S. Munitions List (USML) Categories IV and XV. This rule also proposes the addition of a new license exception for certain Commercial Space Activities (CSA). This proposed rule is published alongside the Department of State proposed rule, "International Traffic in Arms Regulations (ITAR): U.S. Munitions List Categories IV and XV" (1400-AE73), which includes proposed changes for certain space-related defense articles and related controls. These proposed rules are intended to better enable a globally competitive U.S. space industrial base while continuing to protect U.S. national security and foreign policy interests.

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing controls for certain spacecraft and related items for exports and reexports to Australia, Canada, and the United Kingdom. These spacecraft and related items involve remote sensing or space-based logistics, assembly, or servicing. Taking into account the close relations with these three allied countries, including in space collaboration, as well as their inclusion in the National Technology and Industrial Base (NTIB), this final rule removes the license requirement for these countries for these spacecraft and related items.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding eight persons to the Unverified List (UVL). Of the eight persons being added, three are under the destination of China, People's Republic of (China); two are under the destination of Germany; one is under the destination of Pakistan; and two are under the destination of T[uuml]rkiye. BIS is also amending the EAR by removing two persons from the UVL. Of the two persons being removed, one is under the destination of Saudi Arabia, and the other is under the destination of China.

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

On July 29, 2024, the Bureau of Industry and Security (BIS) published in the Federal Register the proposed rule, "Proposed Amendments to End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Uses and End Users" with comments originally due September 27, 2024. This notification extends the deadline for written comments to October 15, 2024. This extension is being made to allow for commenters to have additional time to review the proposed rule and to be informed by the public outreach that BIS is conducting on the rule in preparing their comments. Extending the public comment period will not in any way undermine the rule or national security of the United States.

This proposed rule would amend the Bureau of Industry and Security's (BIS) Industrial Base SurveysData Collections regulations by establishing reporting requirements for the development of advanced artificial intelligence (AI) models and computing clusters under the Executive order of October 30, 2023, "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence."