BIS Foreign Military Intelligence Rule Takes Effect, BIS to Consider Revisions

The Bureau of Industry and Security's January rule on foreign military intelligence agencies took effect March 16 but the agency may consider revising the scope, according to a BIS spokesperson. The rule, which was issued in January under the Trump administration, was captured as part of the Biden administration’s regulatory freeze as BIS decided whether to follow through with the new export restrictions (see 2103090038). Although the restrictions took effect, an agency spokesperson said March 16 that it will continue to review feedback to determine whether the changes are “warranted.”

The rule imposed new controls on technologies and activities that support foreign military-intelligence end-uses and end-users and outlined new restrictions to prevent U.S. parties from supporting certain weapons programs (see 2101140035). Export control lawyers said the rule was expected to create due diligence issues for exporters even as many companies waited to see whether the rule was part of the Biden administration's freeze and review of Trump administration policies (see 2102190042).