BIS Officials Seeking Feedback on Potential Transfer of Gun Export Controls From State to Commerce

As the Trump administration pushes for export controls on certain firearms to be transferred from the State Department to the Commerce Department, top Commerce officials said the move should not be a cause for concern and said they are welcoming feedback from the public and members of Congress.

The change, initially proposed in 2018, would transfer firearms and other defense products from the U.S. Munitions List to the Commerce Control List and would not require U.S. gun and ammunitions exporters to register with the State Department. In April, a House panel organized by Rep. Norma Torres, D-Calif., said the transfers would lead to more exports of dangerous weapons and cause the U.S. to be complicit in killings around the world (see 1904230049).

Speaking during a Bureau of Industry and Security annual export controls conference July 10, Rich Ashooh, Commerce’s assistant secretary for export administration, discussed those concerns. “When rules cause a shift to the Commerce Control List, whether or not there's a decontrol involved in that, Americans can certainly be assured that what we do control will be enforced,” he said. “That is one area that Americans should have complete confidence in us to carry out our authorities.”

In February, Sen. Bob Menendez, D-N.J., announced a hold on Trump’s proposal that would not be lifted unless State “addresses the dangerous and far-reaching implications of this” change. Nazak Nikakhtar, undersecretary of Commerce for industry and security, said at the conference that she has encouraged members of Congress to meet with BIS and express their concerns. She said some have reached out, but their comments have been “general.” “If folks have specific thoughts on how we do things, it doesn’t help if you don’t tell us,” she said. “And that goes the same for Congress. We encourage them to do that all the time.”