BIS Regulatory Agenda Includes Proposed Rulemaking of EAR Responsibilities in Routed Export Transactions
The Department of Commerce published its spring 2019 regulatory agenda for the Bureau of Industry and Security. The agenda continues to mention an upcoming a long-awaited proposed rulemaking involving parties’ responsibilities under the Export Administration Regulations in a routed export transaction, saying the proposal will be published in May 2019. Sharron Cook, a senior policy export analyst for BIS, said in April the rule change will help solve some of the bigger frustrations with the current regulations faced by export forwarders (see 1904170064). BIS is aiming to issue the proposal in May, it said.
The agenda also includes a new mention of an amendment to the EAR to implement new sanctions on Russia. The sanctions, implemented under the Chemical and Biological Weapons Control and Warfare Elimination Act, would sanction Russia for using “chemical weapons in violation of international law or lethal chemical weapons against its own nationals.” The rule would amend the EAR to “establish a general policy of denial for license applications” for exports, reexports or transfers of national-security related products to Russia, BIS said. BIS is aiming to issue the rule in July 2019, it said.
An advanced notice of proposed rulemaking to add quantum computers to the export control lists appeared as a new mention in the agenda. Responses to the notice will help Commerce “identify and assess criteria used to control certain quantum computers for the purposes of updating the export control lists without impairing” national security or U.S. businesses' interest in keeping up with technological advances. Quantum computers have “not yet been evaluated for their national security impacts,” BIS said, and the agency will seek public comment “to determine to what extent the proposed technical parameters” to the Wassenaar Arrangement Dual-use List “have addressed the issues raised in the comments to the emerging technology ANPR.” BIS is aiming to issue the notice in May 2019, it said.
The agenda includes a new mention of an amendment to the EAR “to align the enforcement provisions” with the Export Control Reform Act of 2018, BIS said, including “revising penalty guidelines and enforcement authority.” BIS aims to issue the rule in July 2019, it said.
Agenda Highlights
Highlights of the BIS rulemakings that are at the proposed, final or completed stages, are below. New items are marked with an asterisk (*).
| Prerule Stage |
|---|
| *Proposed Export Controls for Quantum Computers |
| *Review of Certain Foundational Technologies |
| Proposed Rule Stage |
| Revisions to the Export Administration Regulations to Adopt a Licensing Amendment Process and Other Licensing Process Efficiencies |
| Amendment to Licensing Requirements for Exports to Canada of Shotguns, Shotgun Shells and Optical Sighting Devices Under the Export Administration Regulations |
| Clarification of the Definition of a Routed Export Transaction |
| License Exception AVS Updates and Clarifications |
| Nuclear Propulsion Plant End-Use Restrictions; Restrictions on Shipments to Aircraft and Vessels or to Installations and Facilities Located in International or Foreign Waters or in Antarctica |
| Commerce Control List: Amendments to Controls Related to Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment |
| Commerce Control List Changes due to Revisions to Categories V, X and XI of the USML |
| Information Security Controls: Cybersecurity Items |
| Review of Certain Technology Transfers |
| *Proposed Revisions to Certain License Exceptions |
| Request for Public Comments Regarding Review of Commerce Control List for Items Transferred From United States Munitions List Categories IV and XV |
| *Removal of Availability of License Exception Strategic Trade Authorization and Technology and Software Restricted for Certain ECCNs Under the Export Administration Regulations |
| *Export Control on Computer Forensic Systems, Equipment, Components, and Related Development, Production and Use Software and Technology |
| Final Rule Stage |
| Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML) |
| Revisions to Commerce Control List: Impose Controls on Read-Out Integrated Circuits, Seismic Intrusion Detection System, Radar for Helicopter Landing Systems and Specified Nanotechnology |
| Amendment to the Export Administration Regulations: List of Items Classified Under Export Control Classification 0Y521 Series -- XBS Epoxy System |
| Revisions, Clarifications, and Technical Corrections to the EAR |
| North Korea: Clarification and Update of Prohibitions Under the Export Administration Regulations |
| Addition of Certain Persons to the Entity List |
| Expansion of Export, Reexport, and Transfer (In-Country) Controls for Military End Use or Military End Users in the People's Republic of China (China), Russia, or Venezuela |
| Implementation of New Commerce 232 Exclusion Process Portal |
| Clarification of Availability of License Exception Strategic Trade Authorization Under the Export Administration Regulations |
| Updated Statements of Legal Authority for the Export Administration Regulations |
| Commerce Control List: Revisions to Certain Chemical/Biological (CB) Controls Consistent With the Australia Group (AG) Common Control Lists and Policies |
| *Revisions to the Export Administration Regulations: Implementation of Sanctions on Russia |
| *Addition of Certain Entities to the Entity List |
| *Amendment to Licensing Policy for Items Controlled for National Security Reasons |
| *Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List and Removal of an Entity From the Entity List |
| *Amendments to Existing Validated End-User Authorizations in the People's Republic of China and India: Samsung China Semiconductor Co. Ltd and GE India Industrial Pvt Ltd. |
| Revision of Export Enforcement Provisions under the Export Administration Regulations |
| *Amendments to the Export Administration Regulations: Corrections and Clarifications |
| *Revision to a License Exception |
| Wassenaar Arrangement 2018 Plenary Agreements Implementation; and Other Revisions Related to National Security Controls* |