A new interim final rule released by the Bureau of Industry and Security this week introduces a 50% ownership threshold rule for the Entity List and Military End-User List, a change that’s expected to drastically increase the number of companies subject to stringent export licensing restrictions. BIS also is adopting the rule, which it calls the “Affiliates rule,” for export transactions involving certain parties sanctioned by the Office of Foreign Assets Control, which BIS said will “align more closely” OFAC’s 50% rule with the new restrictions under the Export Administration Regulations.
The Bureau of Industry and Security officially released a new regulation to introduce a 50% ownership threshold rule for parties on the Entity List and Military End-User List. The interim final rule, released and effective Sept. 29, will impose the same export license requirements as the parent company for any affiliate owned 50% or more by a party on the Entity List or Military End User List, similar to how sanctions are applied under the Office of Foreign Asset Control's 50% rule. The rule includes a 60-day temporary general license that “permits certain export, reexport, and transfer (in-country) transactions involving non-listed 50-percent or more owned foreign affiliates of parties on the Entity List or Military End-User List.” BIS is accepting public comments on the changes by Oct. 30.
The Bureau of Industry and Security has drafted and is preparing to soon publish an interim final rule that will introduce a 50% rule for parties on the Entity List and Military End-User List, according to a copy of the rule seen by Export Compliance Daily. The rule would impose the same export license requirements as the parent company for any affiliate owned 50% or more by an entity on those two lists, and it includes a 60-day temporary general license to authorize certain transactions with some non-listed entities before the new restrictions apply.
The Bureau of Industry and Security is working to issue a final rule for a set of regulations that in January placed new export controls on certain lab equipment that can be misused by "countries of concern" for military purposes (see 2501150020). The rulemaking, sent for interagency review Sept. 23, will finalize those revisions to "address the accelerating development and deployment of advanced biotechnology tools contrary to U.S. national security and foreign policy interests," BIS said.
Chinese semiconductor company Yangtze Memory Technologies Corp. accused the Bureau of Industry and Security of illegally withholding documents related to its placement on the Entity List, adding that the government acted on "inaccurate" information from YMTC competitors when it imposed stringent export license requirements on the company in 2022. The firm also questioned whether the End-User Review Committee, the interagency group that makes decisions on adding or removing companies from the Entity List, followed proper protocol when it voted to put YMTC on the list.
Planet Labs, a California-based Earth imaging company, disclosed this month that it has submitted a voluntary self-disclosure to the Bureau of Industry and Security about potential export control violations.
The Bureau of Industry and Security again renewed temporary denial orders for three Russian airlines accused of violating U.S. export controls against Russia.
Export Compliance Daily is providing readers with the top stories from last week, in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security has removed certain export restrictions from aircraft belonging to Belavia, the state-owned flagship carrier of Belarus, as part of sanctions relief that the Trump administration has offered to the country in recent days.
The Office of Foreign Assets Control's new general license for Belavia Belarusian Airlines (see 2509110029), the state-owned flagship carrier of Belarus, was issued last week because Belarusian authorities recently released dozens of political prisoners, "demonstrating their desire to re-engage with the West," a State Department spokesperson said in an email Sept. 12.