Bureau of Industry and Security May 2024 – Federal Register Recent Federal Regulation Documents
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Revisions of the Section 232 Steel and Aluminum Tariff Exclusions Process
This final rule revises aspects of the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in five previous Bureau of Industry and Security ("BIS") interim final rules implementing the exclusion process authorized by the President under section 232 of the Trade Expansion Act of 1962, as amended ("Section 232"). The changes in this final rule are also informed by public comments on a proposed rule on the Section 232 exclusions process that was published by BIS on August 28, 2023 (August 2023 Proposed Rule), detailed below. This final rule thus removes 12 General Approved Exclusions (GAEs) that were added in the December 2020 rule and maintained through the December 2021 rule, consisting of six GAEs for steel and six GAEs for aluminum.
Additions of Entities to the Entity List
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 37 entities under 37 entries to the Entity List. These entries are listed on the Entity List under the destinations of the People's Republic of China (China) and have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.
Conforming and Clarifying Changes to the Export Administration Regulations (EAR)
This final rule makes conforming and clarifying changes to the Export Administration Regulations (EAR). These changes include making conforming changes to the EAR to ensure that destination names reflect the current destination names that are recognized by the United States Government, clarifying the removal of certain license requirements for exports, reexports, and transfers (in-country) to and within Australia and the United Kingdom, making a conforming change to reflect that Cyprus is no longer a Country Group D:5 country, and clarifying how Russia and the Russian Federation are referenced for consistency with the designation of Russia as a U.S. Arms Embargoed destinations.
Export Control Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced Trilateral Security Partnership; Correction
On April 19, 2024, BIS published in the Federal Register an interim final rule (IFR), "Export Control Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced Trilateral Security Partnership." The April 19 IFR removed license requirements, expanded the availability of license exceptions, and reduced the scope of end- use and end-user-based license requirements for exports, reexports, and transfers (in-country) to or within Australia and the United Kingdom (UK) to enhance technological innovation among the three countries and support the goals of the AUKUS Trilateral Security Partnership. This correction revises a footnote included in the April 19 IFR to add greater specificity for the Export Control Classification Numbers (ECCN) referenced, so only portions of those 0x5zz ECCNs in the footnote that were previously controlled for national security column 1 (NS1) or regional stability column 1 (RS1) reasons for control for the destinations of Australia and the United Kingdom will continue to require a license to Australia and the United Kingdom based on the license requirements specified in this footnote.
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