BIS Imposes Export Controls on Water Cannons, Revises Crime Control Licensing Policy

The Bureau of Industry and Security imposed a license requirement on certain exports of water cannon systems and revised its licensing policy for crime control (CC) items. The moves will place more oversight on exports that have potential to be used for human rights violations, BIS said in final rules released Oct. 5. Both rules take effect Oct. 6.

Cordell Hull, BIS's acting undersecretary, said the agency is seeing an “escalation in the use of advanced technologies,” including water cannons and vision cameras, to commit human rights violations in China. “We cannot allow U.S. goods and technology to be used for nefarious end uses such as censorship, surveillance, detention, or excessive use of force,” Hull said in an Oct. 5 statement.

One final rule will create export controls on water cannons for riot or crowd control reasons, including parts and components “specially designed” for the cannons. BIS said the rule will allow the U.S. to restrict exports to the Hong Kong Police Force, which was the subject of a bill passed by Congress last year (see 1911290012). The rule created three new Export Classification Numbers in the Export Administration Regulations and will impose a license requirement for all exports and reexports of water cannon systems, and “related software and technology,” to certain countries on the Commerce Country Chart. BIS said the control covers “most countries worldwide” other than North Atlantic Treaty Organization members and “certain other allies.”

BIS will review water cannon license applications “favorably on a case-by-case basis” unless there is “civil disorder” in the destination country or unless BIS has evidence that the importing country’s government may have violated human rights. The new ECCN entries include “illustrative, but not comprehensive, lists of features” of water cannons, BIS stressed. The rule does not include a savings clause.

The other final rule revises BIS’s CC licensing policy and says the agency will consider human rights concerns when reviewing license applications for other items. Like its export policy for water canons, the agency will review all license applications for CC items favorably on a case-by-case basis unless there is “civil disorder” in the country of destination or unless BIS determines the export may be used for human rights violations. BIS said the revision is “necessary to clarify to the exporting community that licensing decisions are based in part upon U.S. Government assessments about whether CC-controlled items may be used to engage in or enable violations or abuses of human rights including through violations and abuses involving censorship, surveillance, detention, or excessive use of force.”

The agency also said it will consider this licensing policy when reviewing items controlled “for reasons other than CC with the exception of items controlled for short supply.” BIS said this will help prevent exports of other sensitive items -- including telecommunication, information security and sensor equipment -- from being used for human rights abuses. The rule also does not include a savings clause.