Bureau of Industry and Security December 2020 – Federal Register Recent Federal Regulation Documents
Results 1 - 11 of 11
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
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
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
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
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
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
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
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
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
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
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.
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