Bureau of Industry and Security July 29, 2024 – Federal Register Recent Federal Regulation Documents
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Export Administration Regulations: Crime Controls and Expansion/Update of U.S. Persons Controls
The Department of Commerce, Bureau of Industry and Security (BIS), seeks public comments on proposed amendments to the Export Administration Regulations (EAR) in support of U.S. national security and foreign policy interests. To build upon existing controls, BIS proposes establishing certain Foreign-Security End User (FSEU) and "U.S. persons" activities controls and Commerce Control List-based (CCL) controls. The proposed additions of the foreign-security end user control and "U.S. persons" activity controls would implement expanded authority under the Export Control Reform Act of 2018 (ECRA), as amended, to control certain "U.S. persons" activities under the EAR. Specific to the EAR's "U.S. persons" activities controls, BIS is proposing amendments to control "support" furnished by "U.S. persons" to identified foreign-security end users. In addition, BIS is proposing to add to the Commerce Control List two new unilateral item controls on facial recognition technology.
End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Uses and End Users
The Department of Commerce, Bureau of Industry and Security (BIS), seeks public comment on proposed changes to existing restrictions under the Export Administration Regulations (EAR) on military and intelligence end uses and end users and related U.S. persons activities controls, as well as the proposed addition of a military-support end-user control. These proposed revisions and additions to the EAR's end-use, end-user, and "U.S. persons" activity controls would implement expanded Export Control Reform Act of 2018 (ECRA) authority to control certain "U.S. persons" activities under the EAR. Specific to the EAR's "U.S. persons" activities controls, BIS is proposing amendments to control `support' furnished by "U.S. persons" to military end users and military-production activities, as well as intelligence end users that are not otherwise already regulated under or prohibited by U.S. law. In addition, BIS is proposing to revise the definition of `support' set forth in the EAR's "U.S. person" activity control provision in response to requests by the public for clarification. The revisions and additions, along with clarifications, to end use, end user, and "U.S. persons" activity controls under the EAR, would further the national security and the foreign policy of the United States.
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