BIS Regulatory Agenda Includes New Mention of Crime-Control Restrictions, FDP Rule
The Commerce Department published its fall 2021 regulatory agenda for the Bureau of Industry and Security, including a new mention of an export control rule for crime-control items and a rule that would reorganize provisions of the foreign direct product rule in federal regulations.
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A new mention of a proposed rule would add and remove export controls from certain crime-control goods in the Export Administration Regulations, BIS said. The rule, which would build off of a 2020 rule that sought feedback on the restrictions (see 2007160021), could place new license requirements on surveillance-related technologies and other goods used for human rights abuses.
The rule would specifically add and remove exporting requirements for certain items controlled for crime-control reasons on the Commerce Control List, and would be one of “several regulatory actions planned” by BIS to address human rights abuses. BIS said this month the controls remain a priority (see 2112140044). The agency plans to issue the rule in February.
The agenda also includes a new mention of a final rule that would move and organize the provisions of the foreign-produced direct product rule in the EAR (see 2110290002 and 2005150058). The agency said the provisions, which currently appear in “two different parts” of the EAR, would be moved to the part of the regulations that “explains what is subject to the EAR and the section of the EAR that sets forth license requirements pertaining to the Entity List.” The rule would also add definitions to assist exporters “in the application of these regulations” and would simplify and clarify certain requirements for “ease of application,” BIS said. “These revisions are necessary to assist readers to more easily navigate and apply the FPDP rules.” The agency said it plans to issue the rule in May.
BIS also mentioned several other new rules, including a final rule that would remove one person from the Unverified List and another final rule that would update the EAR with control decisions recently agreed to by the multilateral Nuclear Suppliers Group. BIS expects to issue the rules in January and June, respectively.
The agenda continues to mention several other export control rules, including a proposed rule that would request comments on potential restrictions over specific foundational technologies. The rule would amend the CCL by adding certain “identified foundational technologies,” BIS said, and would request public comments to “ensure that the scope of these proposed controls will be effective and appropriate.” BIS issued an advance notice of proposed rulemaking for foundational technologies in August 2020 but hasn’t yet proposed any restrictions (see 2008260045). The agency plans to issue the proposed rule in August.
Agenda Highlights
Highlights of the BIS rulemakings that are at the pre-rule, proposed or final stages are below. New items are marked with an asterisk (*).
| Pre-Rule Stage |
|---|
| Request for Comments Concerning the Imposition of Export Controls on Certain Brain Computer Interface (BCI) Emerging Technology |
| Proposed Rule Stage |
| Clarification of the Definition of a Routed Export Transaction |
| License Exception AVS Updates and Clarifications |
| Nuclear Propulsion Plant End-Use Restrictions; Restrictions on Shipments to Aircraft and Vessels or to Installations and Facilities Located in International or Foreign Waters or in Antarctica |
| Commerce Control List: Amendments to Controls Related to Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment |
| Commerce Control List Changes due to Revisions to Categories V, X and XI of the U.S. Munitions List (USML) |
| Review of Commerce Control List for Items Transferred From United States Munitions List Categories IV and XV |
| Foundational Technologies: Proposed Controls; Request for Comments |
| Additional Protocol Regulations: Establishment of a Mandatory Electronic Submission Requirement for Reports |
| Updating of Country Groups and Removal of Certain License Exceptions |
| Proposed Additional General Approved Exclusions for Steel Articles |
| *Clarifications of Availability and Expansion of Restrictions on Availability of License Exception Strategic Trade Authorization Under the Export Administration Regulations |
| *Crime Controls for Human Rights Concerns on the Commerce Control List |
| Final Rule Stage |
| Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Corrections |
| Editorial Revisions, Clarifications, and Corrections to the Export Administration Regulations |
| Removal of Certain General Approved Exclusions (GAEs) under the Section 232 Steel and Aluminum Tariff Exclusions Process |
| Information Security Controls: Cybersecurity Items |
| Updated Statements of Legal Authority for the Export Administration Regulations |
| Revisions to the Export Administration Regulations: Implementation of Sanctions on Russia |
| Modification of License Exception Additional Permissive Reexports (APR) |
| Addition of Software Specially Designed to Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series |
| Emerging Technology: Implementation of Certain 2021 Wassenaar Arrangement Decisions |
| Authorization of Certain "Items" to Entities on the Entity List in the Context of Specific Standards Activities |
| Commerce Control List: Expansion of Controls on Certain Biological Equipment "Software" |
| Amendment to Country Groups for Ukraine, Mexico and Cyprus Under the Export Administration Regulations |
| Export Administration Regulations: Corrections and Clarifications |
| Commerce Control List: Amendments to Reflect Updates to the Australia Group Common Control Lists |
| Increasing Transparency of 232 Investigations by Requiring a Public Submission for a Request or Application for an Investigation |
| Commerce Control List: Amendments to Reflect Updates to the Australia Group Common Control Lists |
| Export Administration Regulations: Implementation of Wassenaar Arrangement 2021 Plenary Agreements |
| Termination of 232 Investigations |
| End User Controls for Human Rights Concerns Under the Export Administration Regulations: State Actors and Certain Other End Users |
| Burma: Implementation of Sanctions |
| Control of Deuterium That is Intended for Use Other Than in a Nuclear Reactor or Nuclear Facility Under the Export Administration Regulations (EAR) |
| Revision of Licensing Requirements of Certain Cameras, Systems, or Related Components |
| *Revisions to the Unverified List (UVL) |
| *Reducing the Concentration Threshold for Mixtures Containing Chemical Weapons Convention Schedule 2A Chemicals |
| *Addition of Entities to the Entity List |
| *Consolidation, Organization, Simplification, and Clarification of General Prohibition Three: Foreign-Produced Direct Product Rules |
| *Export Administration Regulations: Corrections and Clarifications |
| *Commerce Control List: Updates Based on the Latest Nuclear Suppliers Group (NSG) Plenary Meetings |
| *Revision of Controls for Cambodia Under the Export Administration Regulations |