Bureau of Industry and Security November 2024 – 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.