rules

Published 2019

Rules published in other years: 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
08/21/2019 08/19/2019   84 FR 43493 Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List, effective August 19, 2019 
08/21/2019 08/19/2019   84 FR  43487 Temporary General License: Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements, effective August 19, 2019
08/14/2019     84 FR 40237 Addition of Certain Entities to the Entity List, Revision of Entries on the Entity List, and Removal of Entities from the Entity List
06/27/2019     84 FR 30593 Revisons to the Unverified List(UVL)
06/24/2019     84 FR 29371 Addition of Entities to the Entity List and Revision of an Entry on the Entity List
06/05/2019     84 FR 25986 Restricting the Temporary Sojourn of Aircraft and Vessels to Cuba
05/24/2019     84 FR 24018 Revisions to Country Group Designations for Venezuela and Conforming Changes for License Requirements
05/23/2019     84 FR 23886 Implementation of Certain New Controls on Emerging Technologies Agreed at Wassenaar Arrangement 2018 Plenary
05/22/2019 05/20/2019   84 FR 23468 Temporary General License
05/21/2019 05/16/2019   84 FR 22961 Huawei and Affiliates Entity List Rule
05/14/2019     84 FR 21233 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
04/11/2019     84 FR 14608 Revisions to the Unverified List (UVL)
03/08/2019   4/22/2019 84 FR 8485 Request for Public Comments Regarding Review of Commerce Control List for Items Transferred From United States Munitions List Categories IV and XV

 

 


 

8/21/19
84 FR 43493

Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List,
effective August 19, 2019                                                                                                                                                 

Effective August 19, 2019, Huawei Technologies Co., Ltd. (Huawei) and sixty-eight of its non-U.S. affiliates were added to the Entity List effective May 16, 2019.  Their addition to the Entity List imposed a licensing requirement under the Export Administration Regulations (EAR) regarding the export, reexport, or transfer (in-country) of any item subject to the EAR to any of these sixty-nine listed Huawei entities.  The Bureau of Industry and Security (BIS) is now adding forty-six additional non-U.S. affiliates of Huawei to the Entity List because they also pose a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States.  Nineteen of these forty-six affiliated entities are being added to the existing entry for Huawei; the other twenty-seven entities are being added under new, separate entries.  This rule also modifies the existing entries for Huawei and three Huawei affiliates in China by moving the three affiliates under the entry for Huawei instead of continuing to list them under separate entries, and by adding one alias and four addresses to the Huawei entry, including the addresses for those three affiliates.  The entries for five other existing entries for Huawei affiliates in China, Belgium, and Brazil are also being modified by this rule.  

BIS Rule

 


 

 

8/21/19
84 FR 43487

Temporary General License: Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements,
effective August 19,2019 
                                                                                                                                                

Effective August 19, 2019, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to revise a temporary general license.  On May 16, 2019, Huawei Technologies Co., Ltd. (Huawei) and sixty-eight of its non-U.S. affiliates were added to the Entity List. Their addition to the Entity List imposed a licensing requirement under the EAR regarding the export, reexport, or transfer (in-country) of any item subject to the EAR to any of these 69 listed Huawei entities. The Entity List-based licensing requirement applied in addition to any other license requirement, if any, applicable under the EAR to the transaction in question. On May 22, 2019, BIS published a temporary general license, effective May 20, 2019, that modified the effect of the listing in order to temporarily authorize engagement in certain transactions, involving the export, reexport, or transfer (in-country) of items subject to the EAR to the 69 listed Huawei entities. The U.S. Government has decided to extend the temporary general license through November 18, 2019. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 19, 2019, and substitutes the date of November 18, 2019. This final rule also makes certain clarifying changes to the authorized transactions under the temporary general license to improve public understanding. Lastly, this final rule revises the temporary general license by changing which party to the transaction is required to create the certification statement by requiring that the exporter, reexporter, or transferor obtain a certification statement from the pertinent Huawei listed entity prior to using the temporary general license. Concurrently with the this final rule, BIS is also publishing elsewhere in the August 21 issue of the Federal Register and effective August 19, 2019 the final rule, Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List. This final rule, as a conforming change for the addition of these other non-U.S. affiliates of Huawei to the Entity List, revises the temporary general license to include those additional Huawei affiliates within the scope of the temporary general license.    

BIS Final rule

General Advisory Opinion Concerning Prohibited Activities in the Standards
Setting or Development Context When a Listed Entity Is Involved               

 


 

 

                                 

8/14/19

84 FR 40237             

 

Addition of Certain Entities to the Entity List, Revision of Entries on the Entity List, and Removal of Entities from the Entity List

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding seventeen entities, under a total of nineteen entries, to the Entity List. These seventeen 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 Armenia, Belgium, Canada, the People’s Republic of China (China), Georgia, Hong Kong, Malaysia, the Netherlands, Russia, the United Arab Emirates (U.A.E.), and the United Kingdom (U.K.). This rule also modifies a total of twenty-three entries on the Entity List under the destinations of China, Hong Kong, and Russia. Finally, this rule removes a total of three entities under the destinations of China and the U.A.E. The removals 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 Final Rule

 


 

 

                                 

06/27/19

84 FR 30593

 

Revisions to the Unverified List(UVL)

 

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing eight (8) persons from the Unverified List (“UVL”) and correcting the name for one (1) person currently listed on the UVL.  The eight persons are removed from the UVL on the basis that BIS was able to verify their bona fides because of an end-use check.

 

BIS Final Rule


 

                                 

06/24/19

84 FR 29371

 

Addition of Entities to the Entity List and Revision of an Entry on the Entity List

 

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List.  These five 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 destination of China.  This rule also modifies one entry on the Entity List under the destination of China.

 

BIS Final Rule


 

                                 

06/05/19

84 FR 25986

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Restricting the Temporary Sojourn of Aircraft and Vessels to Cuba

 

 

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In this final rule, the Bureau of Industry and Security (BIS) further limits the types of aircraft that are authorized to fly to Cuba and the types of vessels that are authorized to sail to Cuba on temporary sojourn.  Specifically, this rule amends License Exception Aircraft, Vessels and Spacecraft (AVS) in the Export Administration Regulations (EAR) to remove the authorization for the export or reexport to Cuba of most non-commercial aircraft and passenger and recreational vessels on temporary sojourn.  Additionally, this rule amends the licensing policy for exports and reexports to Cuba of aircraft and vessels on temporary sojourn to establish a general policy of denial absent a foreign policy or national security interest as determined by the U.S. Government.  Consequently, private and corporate aircraft, cruise ships, sailboats, fishing boats, and other similar aircraft and vessels generally will be prohibited from going to Cuba.  BIS is making these amendments to support the Administration’s national security and foreign policy decision to restrict non-family travel to Cuba to prevent U.S. funds from enriching the Cuban regime, which continues to repress the Cuban people and provides ongoing support to the Maduro regime in Venezuela.  These amendments are consistent with the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba. Signed by the President on June 16, 2017.

 

 

BIS Final Rule

 


 

                                 

5/24/19

84 FR 24018

Revisions to Country Group Designations for Venezuela and Conforming Changes for License Requirements

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove Venezuela from Country Group B, which affords favorable treatment for certain exports of National Security-controlled items, and moves Venezuela to Country Group D:1, which lists countries of national security concern. This final rule makes these changes to the EAR to reflect current national security concerns related to Venezuela, e.g., the introduction of foreign military personnel and equipment into Venezuela, and to better protect U.S. national security. The changes in this final rule also better align the Country Group designations for Venezuela with other EAR national security-related provisions that already apply to Venezuela, e.g., the military end-use and end-user controls that apply to certain items for export, reexport, or transfer (in-country) and provisions that are specific to countries subject to U.S. arms embargoes. In addition, this final rule adds Venezuela to Country Groups D:2-4, which list countries of nuclear, chemical and biological weapons, and missile technology concern, respectively.

 

BIS Final Rule

 


 

                                 

5/23/19

84 FR 23886                                         

 

Implementation of Certain New Controls on Emerging Technologies Agreed at Wassenaar Arrangement 2018 Plenary

The Bureau of Industry and Security maintains, as part of its Export Administration Regulations, the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce’s jurisdiction. This final rule revises the CCL to implement certain changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies maintained and agreed to 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 2018 WA Plenary meeting. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with only the agreements on recently developed or developing technologies not previously controlled that are essential to the national security of the United States and warrant early implementation. The remaining agreements will be implemented in a separate rule. This rule revises (4) ECCNs 3A001, 5A002, 6A001 and 9A004; and adds ECCN 3D005.

 

BIS Final Rule

 

 


 

5/22/19

84 FR 23468 

Temporary General License (final rule), effective May 20, 2019

Effective May 20, 2019, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to create a 90-day temporary general license that partially restores the licensing requirements and policies under the EAR for exports, reexports, and transfers (in-country) to sixty-nine entities added to the Entity List on May 16, 2019.

 

BIS Final Rule

 


                

5/21/19

84 FR 22963

Addition of Entities to the Entity List (final rule), effective May 16, 2019

Effective May 16, 2019, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding Huawei Technologies Co., Ltd. (Huawei) to the Entity List. The U.S. Government has determined that there is reasonable cause to believe that Huawei has been involved in activities contrary to the national security or foreign policy interests of the United States. BIS is also adding non-U.S. affiliates of Huawei to the Entity List because those affiliates pose a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States. Huawei will be listed on the Entity List under the destination of China. This final rule also adds to the Entity List sixty-eight non-U.S. affiliates of Huawei located in twenty-six destinations: Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Egypt, Germany, Hong Kong, Jamaica, Japan, Jordan, Lebanon, Madagascar, Netherlands, Oman, Pakistan, Paraguay, Qatar, Singapore, Sri Lanka, Switzerland, Taiwan, United Kingdom, and Vietnam.

               

 

BIS Final Rule

 


 

                                                        

5/13/19

84 FR 21233

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

This final rule amends the Export Administration Regulations (EAR) by adding twelve entities, under a total of sixteen entries, to the Entity List. These twelve 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 and will be listed on the Entity List under the destinations of China, Hong Kong, Pakistan and the United Arab Emirates. This rule also modifies one existing entry on the Entity List under the destination of the United Arab Emirates. Finally, this rule removes one entity under the destination of the United Arab Emirates. The removal is made in connection with a request for removal that BIS received pursuant to sections of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in that request.

               

 

BIS Final Rule

 


                                                        

                                                                                          

04/11/19

84 FR 14608

Revisions to the Unverified List (UVL)

This final rule adds fifty (50) persons to the UVL by amending Supplement No. 6 to Part 744 of the Export Administration Regulation (EAR) to include their names and addresses.  The fifty persons are added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control. The new entries consist of thirty-seven persons located in China, six in Hong Kong, four in the United Arab Emirates, two in Malaysia, and one in Indonesia.  This rule also adds one additional address for one person currently listed on the UVL, Ling Ao Electronic Technology Co. Ltd, a.k.a. Voyage Technology (HK) Co., Ltd., a.k.a. Xuan Qi Technology Co. Ltd., as BIS has determined that this person is receiving exports from the United States at an additional address.

BIS Rule

 


                                                                                          

03/08/19

84 FR 8485

Request for Public Comments Regarding Review of Commerce Control List for Items Transferred from United States Munitions List Categories IV and XV

As part of its work with the National Space Council, the Bureau of Industry and Security, Department of Commerce requests public comment to inform its review of the controls implemented in recent revisions to Categories IV and XV of the United States Munitions List (USML) and the related transfer of items to the Department of Commerce’s Commerce Control List (CCL).  These items include launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines; and spacecraft and related articles.  BIS’s review seeks to ensure that the CCL describes these items clearly, captures those items in normal commercial use, accounts for technological developments, and implements the national security and foreign policy objectives of the United States properly.  Comments must be received by BIS no later than April 22, 2019.

BIS ANPRM

State ANPRM

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revisions to the Unverified List (UVL)

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© BIS 2019