rules 

Published 2021

Rules published in other years: 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 

 

Publication Date

Effective Date

(if not date of publication)

End of Comment Period Federal Register Citation Title of Federal Register
06/09/2021  06/08/2021   86 FR 30535 Export Administration Regulations: Termination of United Arab Emirates Participation in the Arab League Boycott of Israel
06/01/2021 86 FR 29190 Addition of Entities, Revision of Entries, and Removal of Entity from the Entity List; and Revision of Entry and Removal of Entity from the Military End-User List (MEU)
06/01/2021     86 FR 29189 Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Notifying the Public of the Transfer of Jurisdiction of Certain Technology and Software as a Result of a Vacated March 6, 2020 Injunction
04/09/2021     86 FR 18433 Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; Corrections; and Burma Sanctions
04/09/2021 04/08/2021   86 FR 18437 Addition of Entities to the Entity List, effective April 8, 2021
03/29/2021     86 FR 16482 Wassenar Arrangement 2019 Implementation
03/18/2021     86 FR 14689 Russia: Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) Sanctions
03/17/2021 03/16/2021    86 FR 14534 Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; CORRECTION
03/08/2021     85 FR 13179 Additions of Entities to the Entity List
03/08/2021     85 FR 13173 Burma:Implementation of Sanctions
03/04/2021     85 FR 12529 Addition of Certain Entities to the Entity List; Correction of Existing Entries on the Entity List
01/19/2021 01/14/2021   86 FR 4929 Implementation in the Export Administration Regulations of the United States’ Rescission of Sudan’s Designation as a State Sponsor of Terrorism
01/15/2021 03/16/2021 03/01/2021 86 FR 4865 Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons
01/15/2021 01/14/2021   86 FR 4862 Addition of Entity to the Entity List, and Addition of Entity to the Military End-User (MEU) List and Removals from the MEU List, effective January 14, 2021
01/12/2021     86 FR 2252 Change to the License Review Policy for Unmanned Aerial Systems (UAS) to Reflect Revised United States UAS Export Policy
01/11/2021     86 FR 1766 Revisions to the Unverified List (UVL)
01/07/2021     86 FR 944 Commerce Control List: Clarifications to the Scope of Export Control Classification Number 1C991 to Reflect Decisions Adopted at the June 2019 Australia Group Plenary Meeting
01/07/2021     86 FR 936 Chemical Weapons Convention Regulations and the Export Administration Regulations: Additions to Schedule 1(A) of the Annex on Chemicals to the Chemical Weapons Convention
01/06/2021     86 FR 461 Technical Amendments to the Export Administration Regulations: Export Control Classification Number 0Y521 Series Supplement— Extension of Software Specially Designed To Automate the Analysis of Geospatial Imagery Classification

 


 

         

06/09/21
86 FR 30535

Export Administration Regulations: Termination of United Arab Emirates Participation in the Arab League Boycott of Israel

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to reflect the formal termination by the United Arab Emirates (UAE) of its participation in the Arab League Boycott of Israel.  Specifically, in recognition of the UAE’s August 16, 2020 issuance of Federal Decree-Law No. 4 of 2020, certain requests for information, action or agreement from the UAE, which were presumed to be boycott-related if made prior to August 16, 2020, would not be presumed to be boycott-related if made following that date, and thus would not be prohibited or reportable under the EAR.  Accordingly, BIS adds an interpretation to the Restrictive Trade Practices or Boycotts regulations of the EAR, which sets forth BIS’s view that the prohibitions and reporting requirements contained in the EAR’s antiboycott provisions do not apply to such requests from the UAE made after August 16, 2020. 

BIS Rule

 


 

           

6/01/21
86 FR 29190

Addition of Entities, Revision of Entries, and Removal of Entity from the Entity List; and Revision of Entry and Removal of Entity from the Military End-User List (MEU)

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eight entities to the Entity List.  These eight 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.  These entities will be listed on the Entity List under the destinations of Pakistan and the United Arab Emirates (UAE).  This rule also revises two existing entries and corrects one existing entry on the Entity List under the destination of China and removes one entity from and revises one existing entry on the Military End-User (MEU) List under the destination of China.  Lastly, this rule removes one entity under the destination of Pakistan.  The removals from the Entity List and MEU List are made in connection with requests for removal that BIS received pursuant to the EAR and a review of information provided in those requests.

BIS Rule

 


                            

06/01/21
86 FR 29189

Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Notifying the Public of the Transfer of Jurisdiction of Certain Technology and Software as a Result of a Vacated March 6, 2020 Injunction

The Bureau of Industry and Security (BIS) is publishing this notification to the public concerning the transfer of jurisdiction of certain ‘‘software’’ and ‘‘technology’’ as a result of action by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020 preliminary injunction by the district court in Washington v. U.S. Dep’t of State, No. 20–35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021). Pursuant to that decision, issued on April 27, 2021, the mandate of the Ninth Circuit was issued on May 26, 2021 and district court’s injunction was vacated. This notice also includes guidance to persons with technology or software that was previously retained on the U.S. Munitions List (USML) and controlled under the International Traffic in Arms Regulations (ITAR) pursuant to the March 6 district court order, but which is now subject to the jurisdiction of the Export Administration Regulations (EAR).

   

BIS Notification of vacated court order

State Notification of vacatur of a prior preliminary injunction

 

 


                            

 

4/09/21
86 FR 18433

Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; Corrections; and Burma Sanctions.

 

On January 15, 2021, the Bureau of Industry and Security (BIS) published an interim final rule establishing end-use and end-user controls, as well as controls on specific activities of U.S. persons, with respect to certain military-intelligence end uses and end users. These new controls were made effective on March 16, 2021. In this interim final rule, BIS is making technical corrections and conforming changes to certain provisions of the Export Administration Regulations to address inadvertent errors introduced by the January 15, 2021 rule. This interim final rule also adds Burma to the list of countries subject to military-intelligence-related controls that were added by the prior rule. This action strengthens sanctions on Burma that were imposed on March 8, 2021 in response to a February 1, 2021 military coup.

BIS Rule

                           


     

4/09/21
86 FR 18437

Addition of Entities to the Entity List, effective April 8, 2021

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding seven entities to the Entity List.  These seven 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.  These seven entities will be listed on the Entity List under the destination of the People’s Republic of China (China).

 

BIS Rule

 

 


                                                           

03/29/2021

86 FR 16482

Export Administration Regulations: Implementation of Wassenaar Arrangement 2019 Plenary Decisions; Elimination of Reporting Requirements for Certain Encryption Items

This final rule revises the Commerce Control List (CCL), as well as corresponding parts of the EAR, to implement changes to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA List) that were decided upon by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2019 WA Plenary meeting.

Revises 22 ECCNs: 0A502, 0A503, 0A606, 1A002, 1A005, 1A006, 1A613, 1B002, 1C001, 1C002, 1C006, 1C010, 2A001, 3B001, 3E002, 5A002, 6A004, 6A005, 6A008, 9A011, 9D515, 9E003.

This rule also makes changes to various provisions related to Category 5 - Part 2 of the CCL in the EAR, including provisions on License Exception Encryption commodities, software, and technology (ENC).   These changes, which include the elimination of reporting requirements for certain encryption items, are designed to reduce the regulatory burden for exporters while still fulfilling U.S. national security and foreign policy objectives.

 

BIS Rule


 

                                

03/18/21
86 FR 14689 

Russia: Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) Sanctions

The Secretary of State, acting under authority delegated pursuant to Executive Order 12851, has determined pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) that the Government of the Russian Federation has used chemical or biological weapons in violation of international law or lethal chemical or biological weapons against its own nationals. The sanctions imposed on Russia in connection with this determination include a prohibition, subject to partial waiver, on the export to Russia of national security-controlled goods and technology subject to the Export Administration Regulations (EAR). Pursuant to the EAR, BIS already maintains controls on exports and reexports to Russia of national security-controlled “items” (commodities, software, and technology) that are subject to the EAR.   This notice informs the public that, consistent with BIS’s implementation of the CBW Act sanctions, certain license exceptions will be suspended for use with national security-controlled items destined for Russia, and most license applications for exports or reexports of national security-controlled items destined for Russia will be reviewed under a presumption of denial.

BIS Rule

 


         

Effective date: 03/16/21

Publication date: 03/17/21

Public inspection at the Office of the Federal Register on 03-15-2021 16:15:00

03/17/21

Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; CORRECTION

The Bureau of Industry and Security (BIS), Department of Commerce, is correcting an interim final rule, “Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons,” that appeared in the Federal Register of January 15, 2021 (hereinafter referred to as the January 15 rule) by revising an incorrect instruction that would have resulted in the inadvertent deletion of two subparagraphs of the Export Administration Regulations’ (EAR) restrictions on certain rocket systems and unmanned aerial vehicles.

BIS Rule

 


03/08/21
86 FR 13179

Addition of Entities to the Entity List

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on selected Burmese government ministries and related enterprises. Specifically, BIS amends the EAR by adding four entities to the Entity List under the destination of Burma. These four 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. The actions in this rule support the United States Government’s efforts to promote a return to democracy in Burma following the February 1, 2021 Burmese military coup. They also reflect the United States Government’s goal of supporting the people of Burma by preventing Burma’ military and security services from obtaining items subject to the EAR.

BIS Rule

 


                                                                             

03/08/21
86 FR 13173

Burma: Implementation of Sanctions

In response to the Burmese military coup that overthrew the democratically-elected government of Myanmar (Burma), in this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to apply more restrictive treatment to exports and reexports to, and transfers within, Burma of items subject to the EAR. This action advances the U.S. Government’s efforts to reduce the availability of items to Burma’s military and security services. Specifically, this rule: 1) moves Burma from Country Group B to the more restrictive Country Group D:1; 2) adds Burma to the countries subject to the national security licensing policy for certain military end uses and end users, and to the ‘military end use’ and ‘military end user’ restrictions; and 3) moves Burma from Computer Tier 1 to the more restrictive Computer Tier 3 in the (Computers) (APP) license exception.

BIS Rule

           


                                                                            

 

3/4/21
86 FR 12529

Addition of Certain Entities to the Entity List; Correction of Existing Entries on the Entity List

This final rule amends the Export Administration Regulations (EAR) by adding fourteen entities to the Entity List. These fourteen 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. These fourteen entities will be listed on the Entity List under the destinations of Germany, Russia, and Switzerland. This rule also corrects six existing entries to the Entity List, one under the destination of Germany and the other five under the destination of China.

BIS Rule

                                                                                       


 

2/18/21
86 FR 10011
Effective: 2/17/21 upon Public Inspection at Office of the Federal Register
Burma: Implementation of Sanctions

In response to the coup perpetrated by the Burmese military wresting control of the democratically-elected government of Burma, the United States Government is reviewing all available actions to hold the perpetrators of the coup responsible. The Department of Commerce’s Bureau of Industry and Security (BIS) is taking immediate action to limit exports and reexports of sensitive goods to Burma’s military and security services. Effective immediately, BIS is adopting a more restrictive license application review policy of presumption of denial of items requiring a license for export and reexport to Burma’s Ministry of Defense, Ministry of Home Affairs, armed forces, and security services. BIS is also suspending the use of certain license exceptions that would otherwise generally be available to Burma as a result of its current Country Group placement in the Export Administration Regulations (EAR).

The following license exceptions are suspended for exports or reexports to Burma, or transfers (in-country) within Burma, either in whole or in part, as specified below:

•           Shipments of Limited Value (LVS) (§ 740.3).

•           Shipments to Group B Countries (GBS) (§ 740.4).

•           Technology and Software under Restriction (TSR) (§ 740.6).

•           Computers (APP) (§ 740.7).

BIS Notice

 


 

01/19/21
86 FR 4929

Implementation in the Export Administration Regulations of the United States’ Rescission of Sudan’s Designation as a State Sponsor of Terrorism


In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the rescission of Sudan’s designation as a State Sponsor

of Terrorism (SSOT). The Secretary of State rescinded this designation effective December 14, 2020 in accordance with established statutory procedures, including the President’s October 26, 2020 submission to Congress of a report justifying the rescission and certifying Sudan had not

provided any support for acts of international terrorism during the preceding six month period and that Sudan had provided assurances that it would not support acts of international terrorism in the future. Accordingly, BIS amends the EAR by removing Anti-Terrorism (AT) controls on the country and by removing Sudan from Country Group E:1 (Terrorist supporting countries). These actions render the country eligible for a general 25 percent de minimis level. As a consequence of these actions, as well as the addition of the country to Country Group B, Sudan

is also potentially eligible for several new license exceptions under the EAR. However, pursuant to this rule, two license exceptions will be unavailable for exports and reexports to Sudan. BIS

also makes conforming amendments in other applicable EAR provisions as part of this rule. Rule effective 01/14/2021.

 

BIS Rule

                                                                                             


 

1/15/21

86 FR 4865

 

Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons.

The Bureau of Industry and Security (BIS), Department of Commerce, is issuing this interim final rule to implement the provisions of the Export Control Reform Act of 2018 by: imposing additional license requirements under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country), as well as specific activities of U.S. persons, in connection with certain military-intelligence end uses and end users; clarifying that license requirements under the EAR for specific activities of U.S. persons apply even when the items at issue are not subject to the EAR; establishing restrictions on transactions intended to circumvent license requirements for listed entities; and expanding the scope of activities subject to chemical and biological weapons and rocket systems and unmanned aerial vehicles end-use controls. Comments on this rule may be submitted to the Federal rulemaking portal (www.regulations.gov). The regulations.gov ID for this rule is: BIS–2020–0044 or RIN 0694–AI38. Comments must be received by BIS no later than March 1, 2021.


BIS Rule     

 


  

                                                                                            

1/15/21
86 FR 4862

Addition of Entity to the Entity List, and Addition of Entity to the Military End-User (MEU) List and Removals from the MEU List, effective January 14, 2021

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one entity to the Entity List. This one entity has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This entity will be listed on the Entity List under the destination of the People’s Republic of China (China). In addition, this final rule amends the EAR by adding one entity to the Military End-User (MEU) List. Lastly, this final rule removes two entities from the MEU List to remove a duplicate listing.    

BIS Rule

                      


 

 

                                                                                                                          

1/12/21
86 FR 2252

Change to the License Review Policy for Unmanned Aerial Systems (UAS) to Reflect Revised United States UAS Export Policy

 

Consistent with President Donald J. Trump’s July 24, 2020 announcement of a change in U.S. policy regarding the export of Unmanned Aerial Systems (UAS), the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) licensing review policy with respect to certain UAS that are controlled for Missile Technology (MT) reasons. UAS that have a range and payload capability equal to or greater than 300 kilometers (km)/500 kilograms (kg) are identified on the Missile Technology Control Regime (MTCR) Annex as Category I items. Pursuant to this amendment, BIS will review export and reexport license applications involving UAS that fall within these parameters and a maximum true airspeed of less than 800 km/hour (hr) for export licensing review purposes on a case-by-case basis under the more flexible review policy generally applied to MTCR Category II items under the EAR. BIS will also review MT items for the design, development, production, or use in such UAS on a case-by-case basis. This policy change reflects a reasonable approach to technological change and the protection of the national security and economic interests of the United States, while simultaneously remaining committed to the MTCR and its core nonproliferation objectives.         

 

BIS Rule

            


 

1/11/2021
86 FR 1766
Revisions to the Unverified List (UVL) 

 

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing three (3) persons from the Unverified List (UVL). The three persons are removed from the UVL on the basis that BIS was able to verify their bona fides (i.e., legitimacy and reliability relating to the end use and end user of items subject to the EAR) through successful end-use checks.
 

 

 


   

1/7/2021

86 FR 944

 

Commerce Control List: Clarifications to the Scope of Export Control Classification Number 1C991 to Reflect Decisions Adopted at the June 2019 Australia Group Plenary Meeting.

This final rule amends the EAR to clarify the scope of the export controls that apply to certain vaccines, consistent with the vaccine release (i.e., exclusion) note contained in the Australia Group (AG) “Human and Animal Pathogens and Toxins for Export Control” common control list. Specifically, this rule amends Export Control Classification Number (ECCN) 1C991 on the Commerce Control List (CCL) to indicate that it includes vaccines containing, or designed for use against, any of the items identified in ECCN 1C351, 1C353 or 1C354. Prior to the effective date of this final rule, ECCN 1C991 indicated that it controlled vaccines “against” such items, but was not specific about whether all vaccines “containing” such items were controlled, irrespective of whether the vaccines were designed for use “against” such items. This rule also expands the scope of medical products controlled under ECCN 1C991 to include those containing genetically modified organisms and genetic elements described in ECCN 1C353.a.3. In addition, this rule clarifies the definition of ‘immunotoxin’ that appears in ECCN 1C351 and ECCN 1C991 and removes the definition of ‘subunit’ from ECCN 1C351. Finally, this rule renumbers ECCN 1C991.c and .d by listing medical products that are subject to chemical/biological (CB) controls, as well as anti-terrorism (AT) controls, under ECCN 1C991.c and listing medical products that are subject only to AT controls under ECCN 1C991.d. A conforming amendment is made to Section 742.2(a)(3) of the EAR to reflect this change in paragraph sequencing.

 

BIS Rule

 


                                

1/7/2021

86 FR 936

 

Chemical Weapons Convention Regulations and the Export Administration Regulations: Additions to Schedule 1(A) of the Annex on Chemicals to the Chemical Weapons Convention.

This final rule amends the Chemical Weapons Convention Regulations (CWCR) and the Export Administration Regulations (EAR) to reflect recent additions to Schedule 1(A) of the Annex on Chemicals to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, also known as the Chemical Weapons Convention (CWC). Specifically, this rule amends part 712 of the CWCR and part 745 of the EAR to add three “Schedule 1” chemical families and one individual “Schedule 1” chemical to both sets of regulations, consistent with two decisions adopted by the States Parties to the CWC during the 24th Conference of the States Parties, held in The Hague, the Netherlands, from November 25 – 29, 2019. This final rule also amends the CWCR’s definition of “production” to clarify the scope of this term as it applies to declarations regarding the production of “Schedule 1,” “Schedule 2,” or “Schedule 3” chemicals.

BIS Rule

 


 

01/06/2021
86 FR 461

 

Technical Amendments to the Export Administration Regulations: Export Control Classification Number 0Y521 Series Supplement— Extension of Software Specially Designed To Automate the Analysis of Geospatial Imagery Classification

On January 6, 2020, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add Software Specially Designed to Automate the Analysis of Geospatial Imagery to the 0Y521 Temporary Export Control Classification Numbers (ECCN) Series as 0D521. In this action BIS extends that status for a year (to January 6, 2022) pursuant to the 0Y521 series extension procedures.

 

BIS Final Rule
            

 

 

   
© BIS 2020