BIS Suspends New Export Applications for Certain Firearms

The Bureau of Industry and Security on Oct. 27 announced an immediate 90-day suspension of new export licenses for certain firearms, components and ammunition while it reviews its firearms policies to determine whether any permanent changes are “warranted.” During the next 90 days, the agency said it will not issue any new licenses for those exports to non-government end users worldwide, apart from Ukraine, Israel or a nation listed in Country Group A:1.

BIS said the new policy will apply to items listed under Export Control Classification Numbers 0A501, ECCN 0A502, ECCN 0A504 and ECCN 0A505. Although exporters can continue to submit license applications to BIS for these items, the agency said it will place all those applications on “Hold Without Action” until the 90-day pause is over. It also said the pause doesn’t apply to previously issued licenses, although the agency may “modify, suspend, or revoke” existing licenses “as appropriate.”

BIS said it will conduct the 90-day review “with urgency,” adding that it will allow the Commerce Department to “more effectively assess and mitigate risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities.” The agency said it will notify exporters when the 90-day pause is over and stressed that no new license requirements have yet been put in place for firearms.

Applications for exports to authorized government end-users during the 90-day pause will be reviewed on a case-by-case basis “consistent with existing policies in the EAR,” BIS said. Exporters should make sure to include copies of contracts or purchase orders with the end users listed in their applications as well as information on government tenders “and any other documentation confirming that the transaction has been identified and authorized by the importing end user on the application.”

Applications involving exports to non-government end users in Country Group A:1, Israel and Ukraine also will be reviewed on a case-by-case basis. “Exporters are advised to exercise due diligence in their review and submission of such applications particularly for exports of firearms for commercial resale,” BIS said.

The agency added that the Commerce Department's International Trade Administration is also pausing acceptance of new requests for export assistance, fee or non-fee-based, for firearms and ammunition to non-governmental end users worldwide, apart from Ukraine, Israel and Country Group A:1 nations. The ITA pause will apply to "semi-automatic and non-automatic firearms, shotguns, and receivers (frames) and ammunition."