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BIS Making Progress on New US Persons Control Rule

The Bureau of Industry and Security sent a proposed rule for interagency review that could lead to new export controls on the activities of U.S. persons in support of foreign military, security or intelligence agencies.

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The rule, sent to the Office of Information and Regulatory Affairs May 9, would propose changes to the Export Administration Regulations to “control U.S. persons support of foreign military, intelligence, and security end users and end uses, and foreign maritime nuclear propulsion projects,” BIS said. It would also propose restrictions on exports, reexports and transfers to these end users and end uses, and could clarify the EAR “with respect to the prohibition against certain maritime nuclear propulsion plant end uses and the definition of support as used in the U.S. persons activity controls.”

The rule would implement a provision in the FY 2023 National Defense Authorization Act that one lawmaker said represents the “largest expansion of presidential export control authority in several years” (see 2212210032). A BIS official said in March the agency is still developing the rule (see 2403270063).