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

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Addition of Certain Entities to the Entity List; Correction of Existing Entries on the Entity List
Document Number: 2021-04505
Type: Rule
Date: 2021-03-04
Agency: Department of Commerce, Bureau of Industry and Security
This final rule amends the Export Administration Regulations (EAR) by adding fourteen entities to the Entity List. These fourteen 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 fourteen entities will be listed on the Entity List under the destinations of Germany, Russia, and Switzerland. This rule also corrects six existing entries to the Entity List, one under the destination of Germany and the other five under the destination of China.
Emerging Technology Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2021-04434
Type: Notice
Date: 2021-03-04
Agency: Department of Commerce, Bureau of Industry and Security
In the Matter of: Jesse Rodriguez, 2025 Dana Avenue #F6, Brownsville, TX 78521; Order Denying Export Privileges
Document Number: 2021-03824
Type: Notice
Date: 2021-02-24
Agency: Department of Commerce, Bureau of Industry and Security
Materials and Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2021-03818
Type: Notice
Date: 2021-02-24
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2021-03816
Type: Notice
Date: 2021-02-24
Agency: Department of Commerce, Bureau of Industry and Security
Regulations and Procedures Technical Advisory Committee; Notice of Meeting
Document Number: 2021-03684
Type: Notice
Date: 2021-02-23
Agency: Department of Commerce, Bureau of Industry and Security
Burma: Implementation of Sanctions
Document Number: 2021-03350
Type: Rule
Date: 2021-02-18
Agency: Department of Commerce, Bureau of Industry and Security
In response to the coup perpetrated by the Burmese military wresting control of the democratically-elected government of Burma, the United States Government is reviewing all available actions to hold the perpetrators of the coup responsible. The Department of Commerce's Bureau of Industry and Security (BIS) is taking immediate action to limit exports and reexports of sensitive goods to Burma's military and security services. Effective immediately, BIS is adopting a more restrictive license application review policy of presumption of denial of items requiring a license for export and reexport to Burma's Ministry of Defense, Ministry of Home Affairs, armed forces, and security services. BIS is also suspending the use of certain license exceptions that would otherwise generally be available to Burma as a result of its current Country Group placement in the Export Administration Regulations (EAR).
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2021-03209
Type: Notice
Date: 2021-02-18
Agency: Department of Commerce, Bureau of Industry and Security
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Request for Investigation Under Section 232 of the Trade Expansion Act
Document Number: 2021-01163
Type: Notice
Date: 2021-01-21
Agency: Department of Commerce, Bureau of Industry and Security
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.
Implementation in the Export Administration Regulations of the United States' Rescission of Sudan's Designation as a State Sponsor of Terrorism
Document Number: 2020-29037
Type: Rule
Date: 2021-01-19
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the rescission of Sudan's designation as a State Sponsor of Terrorism (SSOT). The Secretary of State rescinded this designation effective December 14, 2020 in accordance with established statutory procedures, including the President's October 26, 2020 submission to Congress of a report justifying the rescission and certifying Sudan had not provided any support for acts of international terrorism during the preceding six month period and that Sudan had provided assurances that it would not support acts of international terrorism in the future. Accordingly, BIS amends the EAR by removing Anti-Terrorism (AT) controls on the country and by removing Sudan from Country Group E:1 (Terrorist supporting countries). These actions render the country eligible for a general 25 percent de minimis level. As a consequence of these actions, as well as the addition of the country to Country Group B, Sudan is also potentially eligible for several new license exceptions under the EAR. However, pursuant to this rule, two license exceptions will be unavailable for exports and reexports to Sudan. BIS also makes conforming amendments in other applicable EAR provisions as part of this rule.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Request for Appointment of a Technical Advisory Committee
Document Number: 2021-00596
Type: Notice
Date: 2021-01-14
Agency: Department of Commerce, Bureau of Industry and Security
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.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Application for NATO International Bidding
Document Number: 2021-00449
Type: Notice
Date: 2021-01-12
Agency: Department of Commerce, Bureau of Industry and Security
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.
Change to the License Review Policy for Unmanned Aerial Systems (UAS) To Reflect Revised United States UAS Export Policy
Document Number: 2020-27983
Type: Rule
Date: 2021-01-12
Agency: Department of Commerce, Bureau of Industry and Security
Consistent with President Donald J. Trump's July 24, 2020 announcement of a change in U.S. policy regarding the export of Unmanned Aerial Systems (UAS), the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) licensing review policy with respect to certain UAS that are controlled for Missile Technology (MT) reasons. UAS that have a range and payload capability equal to or greater than 300 kilometers (km)/500 kilograms (kg) are identified on the Missile Technology Control Regime (MTCR) Annex as Category I items. Pursuant to this amendment, BIS will review export and reexport license applications involving UAS that fall within these parameters and a maximum true airspeed of less than 800 km/hour (hr) for export licensing review purposes on a case-by-case basis under the more flexible review policy generally applied to MTCR Category II items under the EAR. BIS will also review MT items for the design, development, production, or use in such UAS on a case-by-case basis. This policy change reflects a reasonable approach to technological change and the protection of the national security and economic interests of the United States, while simultaneously remaining committed to the MTCR and its core nonproliferation objectives.
Revisions to the Unverified List (UVL)
Document Number: 2020-27931
Type: Rule
Date: 2021-01-11
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing three (3) persons from the Unverified List (UVL). The three persons are removed from the UVL on the basis that BIS was able to verify their bona fides (i.e., legitimacy and reliability relating to the end use and end user of items subject to the EAR) through successful end-use checks.
Chemical Weapons Convention Regulations and the Export Administration Regulations: Additions to Schedule 1(A) of the Annex on Chemicals to the Chemical Weapons Convention
Document Number: 2020-27759
Type: Rule
Date: 2021-01-07
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Chemical Weapons Convention Regulations (CWCR) and the Export Administration Regulations (EAR) to reflect recent additions to Schedule 1(A) of the Annex on Chemicals to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, also known as the Chemical Weapons Convention (CWC). This final rule also amends the definition of ``production'' in the CWCR to clarify the scope of this term as it applies to declarations regarding the production of ``Schedule 1,'' ``Schedule 2,'' or ``Schedule 3'' chemicals.
Commerce Control List: Clarifications to the Scope of Export Control Classification Number 1C991 To Reflect Decisions Adopted at the June 2019 Australia Group Plenary Meeting
Document Number: 2020-27754
Type: Rule
Date: 2021-01-07
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to clarify the scope of the export controls that apply to certain vaccines and medical products, consistent with the release (i.e., exclusion) notes contained in the Australia Group (AG) ``Human and Animal Pathogens and Toxins for Export Control'' common control list.
Technical Amendments to the Export Administration Regulations: Export Control Classification Number 0Y521 Series Supplement-Extension of Software Specially Designed To Automate the Analysis of Geospatial Imagery Classification
Document Number: 2020-28776
Type: Rule
Date: 2021-01-06
Agency: Department of Commerce, Bureau of Industry and Security
On January 6, 2020, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add Software Specially Designed to Automate the Analysis of Geospatial Imagery to the 0Y521 Temporary Export Control Classification Numbers (ECCN) Series as 0D521. In this action BIS extends that status for a year pursuant to the 0Y521 series extension procedures.
Change in Deadline for Public Comments on Condition of the Public Health Industrial Base and Recommend Policies and Actions To Strengthen the Public Health Industrial Base To Ensure Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States
Document Number: 2020-29036
Type: Notice
Date: 2020-12-31
Agency: Department of Commerce, Bureau of Industry and Security
On December 2, 2020, the Bureau of Industry and Security (BIS) within the Department of Commerce (Commerce), published the Notice of Request for Public Comments on Condition of the Public Health Industrial Base and Recommend Policies and Actions to Strengthen the Public Health Industrial Base to Ensure Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States. The December 2 notice invited interested parties to submit written comments, data, analyses, or other information pertinent to the investigation to BIS. The deadline for written comments was December 23, 2020. In response to requests from the public for additional time, this notice reopens the deadline for the submission of public comment until January 15, 2021. Comments previously submitted need not be resubmitted and will be fully considered.
Removal of Hong Kong as a Separate Destination Under the Export Administration Regulations
Document Number: 2020-28101
Type: Rule
Date: 2020-12-23
Agency: Department of Commerce, Bureau of Industry and Security
In this rule the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove the People's Republic of China (PRC or China) Special Administrative Region of Hong Kong from the list of destinations in the EAR. The amendments implement Sections 2 and 3 of Executive Order 13936 of July 14, 2020, in response to new security measures imposed on Hong Kong by the government of China. These new measures fundamentally undermine Hong Kong's autonomy increasing the risk sensitive U.S. technology and items will be diverted to unauthorized end uses and end users in China.
Addition of `Military End User' (MEU) List to the Export Administration Regulations and Addition of Entities to the MEU List
Document Number: 2020-28052
Type: Rule
Date: 2020-12-23
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding a new `Military End User' (MEU) List that includes the first tranche of entities. The U.S. Government has determined that these entities are `military end users' for purposes of the `military end user' control in the EAR that applies to specified items for exports, reexports, or transfers (in-country) to the People's Republic of China (China), Russia, and Venezuela when such items are destined for a `military end user.' The existing `military end-use' and `military end user' controls under the EAR, including BIS's authority to inform the public of a license requirement for an item due to an unacceptable risk of diversion to a `military end user' via amendment to the EAR, are essential for protecting U.S. national security interests. The addition of the new MEU List via amendment to the EAR and this first tranche of entities is also responsive to requests received from the public. This final rule will add one hundred and two `military end users' to the MEU List consisting of fifty-seven under China and forty-five under Russia. However, the establishment of the MEU List does not imply that other parties, not included on the list, are not subject to the `military end-use' and `military end user' controls under the EAR.
Addition of Entities to the Entity List, Revision of Entry on the Entity List, and Removal of Entities From the Entity List
Document Number: 2020-28031
Type: Rule
Date: 2020-12-22
Agency: Department of Commerce, Bureau of Industry and Security
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding seventy-seven entities, under a total of seventy-eight entries, to the Entity List. These seventy-seven 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), Bulgaria, France, Germany, Hong Kong, Italy, Malta, Pakistan, Russia, and the United Arab Emirates (U.A.E.). This rule also revises one existing entry on the Entity list under the destination of China and one under the destination of Pakistan. Finally, this rule removes a total of four entities under the destinations of Israel and the U.A.E. The removals are made in connection with requests for removal that BIS received pursuant to the EAR and a review of information provided in those requests.
Notice of Termination National Security Investigation of Imports of Mobile Cranes
Document Number: 2020-27863
Type: Notice
Date: 2020-12-18
Agency: Department of Commerce, Bureau of Industry and Security
In this notice, the Department is announcing that on November 23, 2020, the Secretary of Commerce terminated an investigation under section 232 of the Trade Expansion Act of 1962, as amended, which was initiated on May 19, 2020, to determine whether imports of mobile cranes threatened to impair the national security. Notice of the investigation and a request for public comments was published in the Federal Register on May 26, 2020. The investigation was originally requested in an application submitted by the Manitowoc Company, Inc. (``Manitowoc'') on December 19, 2019.
Section 232 Steel and Aluminum Tariff Exclusions Process
Document Number: 2020-27110
Type: Rule
Date: 2020-12-14
Agency: Department of Commerce, Bureau of Industry and Security
This interim final rule revises aspects of the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in three previous Department of Commerce (``Commerce'') interim final rules implementing the exclusion process authorized by the President under Section 232 of the Trade Expansion Act of 1962, as amended (``232''). These changes are also informed by a notice of inquiry with request for comments on the 232 exclusions process that was published by Commerce on May 26, 2020. Based on public comments on the current process for submissions to Commerce, Commerce is publishing this interim final rule to make additional revisions to the 232 exclusion process, including to the 232 Exclusions Portal.
Notice of Request for Public Comments by the Titanium Sponge Working Group
Document Number: 2020-27119
Type: Notice
Date: 2020-12-10
Agency: Department of Commerce, Bureau of Industry and Security
In March of 2019, the Secretary initiated an investigation under Section 232 of the Trade Expansion Act of 1962, as amended, to determine the effects on the national security from imports of titanium sponge. In February of 2020, the President issued a memorandum concurring with the Secretary's findings that titanium sponge imports threatened to impair U.S. national security. The President's concurrence also agreed that actions to adjust imports under Section 232, such as tariffs, should not be taken at this time and established an interagency working group. The work of the Titanium Sponge Working Group has proceeded in exploring measures to ensure access to titanium sponge in the United States for use for national defense and in critical industries during an emergency, and at this time the Bureau of Industry and Security (BIS) is seeking public comments to better inform the deliberations of the working group.
Wassenaar Arrangement 2018 Plenary Decisions Implementation; and Other Revisions Related to National Security Controls; Correction
Document Number: 2020-26638
Type: Rule
Date: 2020-12-04
Agency: Department of Commerce, Bureau of Industry and Security
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by making corrections to address errors that were inadvertently introduced with the September 11, 2020, Federal Register publication of ``Wassenaar Arrangement 2018 Plenary Decisions Implementation; and Other Revisions Related to National Security Controls (Final Rule)''.
Notice of Request for Public Comments on Condition of the Public Health Industrial Base and Recommend Policies and Actions To Strengthen the Public Health Industrial Base To Ensure Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States
Document Number: 2020-26609
Type: Notice
Date: 2020-12-02
Agency: Department of Commerce, Bureau of Industry and Security
On August 6, 2020, President Trump issued an Executive order, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States. Among other directives, the E.O. directed that, by February 2, 2021, the Secretary of Commerce shall submit a report to the Director of the Office of Management and Budget, the Assistant to the President for National Security Affairs, the Director of the National Economic Council, and the Director of the Office of Trade and Manufacturing Policy, describing any change in the status of the Public Health Industrial Base (PHIB) and recommending initiatives to strengthen the PHIB. This notice requests comments from the public to assist the Department of Commerce (referred to henceforth as ``Commerce'') in preparing this report on the condition of the PHIB and recommending policies and actions to strengthen the PHIB.
Impact of the Implementation of the Chemical Weapons Convention (CWC) on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving “Schedule 1” Chemicals (Including “Schedule 1” Chemicals Produced as Intermediates) During Calendar Year 2020
Document Number: 2020-26437
Type: Notice
Date: 2020-12-01
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security is seeking public comments on the impact that implementation of the Chemical Weapons Convention, through the Chemical Weapons Convention Implementation Act of 1998 and the Chemical Weapons Convention Regulations, has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2020. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress on whether the legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms are harmed by such implementation. This certification is required under Condition 9 of Senate Resolution 75 (April 24, 1997), in which the Senate gave its advice and consent to the ratification of the CWC.
Order Renewing Order Temporarily Denying Export Privileges
Document Number: 2020-26434
Type: Notice
Date: 2020-12-01
Agency: Department of Commerce, Bureau of Industry and Security
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2020-25993
Type: Notice
Date: 2020-11-25
Agency: Department of Commerce, Bureau of Industry and Security
Emerging Technology Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2020-25991
Type: Notice
Date: 2020-11-25
Agency: Department of Commerce, Bureau of Industry and Security
Revisions to Export Enforcement Provisions
Document Number: 2020-25453
Type: Rule
Date: 2020-11-18
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) is amending and clarifying certain provisions of the Export Administration Regulations (EAR) to promote compliance with existing EAR requirements and implement the export enforcement portions of the Export Control Reform Act of 2018 (ECRA). ECRA affirmed existing authorities under the EAR and provided expanded export control authorities to the Secretary of Commerce (Secretary). BIS is also amending certain provisions of the EAR not strictly related to the implementation of ECRA concerning the issuance of licenses and denial orders and the payment of civil penalties.
Commerce Control List: Proposed Controls on “Software” for the Operation of Certain Automated Nucleic Acid Assemblers and Synthesizers; Request for Comments
Document Number: 2020-24322
Type: Proposed Rule
Date: 2020-11-06
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS), Department of Commerce, maintains controls on the export, reexport and transfer (in- country) of dual-use items and less sensitive military items through the Export Administration Regulations, including the Commerce Control List (CCL). Certain items that could be of potential concern for export control purposes are not yet listed on the CCL or controlled multilaterally, because they represent emerging technologies. Among these items is ``software'' for the operation of nucleic acid assemblers and synthesizers controlled under Export Control Classification Number (ECCN) 2B352 that is capable of designing and building functional genetic elements from digital sequence data. BIS has determined that this ``software'' is capable of being used to operate nucleic acid assemblers and synthesizers controlled under ECCN 2B352 for the purpose of generating pathogens and toxins without the need to acquire controlled genetic elements and organisms. Consequently, the absence of export controls on this ``software'' could be exploited for biological weapons purposes. In an effort to address this concern, this rule proposes to amend the CCL by adding a new ECCN 2D352 to control such ``software.'' This rule also requests public comments to ensure that the scope of these proposed controls will be effective and appropriate (with respect to their potential impact on legitimate commercial or scientific applications).
Materials and Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2020-24536
Type: Notice
Date: 2020-11-05
Agency: Department of Commerce, Bureau of Industry and Security
In the Matter of: Patrick Germain, 1837 Leland Avenue, Evanston, IL 60201; Order Denying Export Privileges
Document Number: 2020-24514
Type: Notice
Date: 2020-11-05
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2020-24025
Type: Notice
Date: 2020-10-30
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Jimy Joseph, 5764 Grand Canyon Drive, Orlando, FL 32810
Document Number: 2020-24000
Type: Notice
Date: 2020-10-29
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Junior Joel Joseph, 5808 Turkey Lake Road, Orlando, FL 32819
Document Number: 2020-23998
Type: Notice
Date: 2020-10-29
Agency: Department of Commerce, Bureau of Industry and Security
Amendments to National Security License Review Policy Under the Export Administration Regulations
Document Number: 2020-23962
Type: Rule
Date: 2020-10-29
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the license review policy for items controlled for national security reasons destined to the People's Republic of China (PRC), Venezuela, or the Russian Federation (Russia). With this revision, BIS and reviewing agencies will determine whether the export, reexport, or transfer (in- country) of items controlled for National Security (NS) reasons will make a material contribution to the ``development,'' ``production,'' maintenance, repair, or operation of weapons systems of the PRC, Venezuela, or the Russian Federation, as well as setting forth several factors that will be considered in reviewing license applications.
Emerging Technology Technical Advisory Committee; Notice of Open Meeting
Document Number: 2020-23839
Type: Notice
Date: 2020-10-28
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2020-23068
Type: Notice
Date: 2020-10-19
Agency: Department of Commerce, Bureau of Industry and Security
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2020-22691
Type: Notice
Date: 2020-10-14
Agency: Department of Commerce, Bureau of Industry and Security