Processing of most export license applications, as well as sanctions licenses, will pause during the government shutdown that began Oct. 1, although export enforcement operations and national security-related investigations will continue, the Commerce, State and Treasury departments said this week.
House Foreign Affairs Committee ranking member Gregory Meeks, D-N.Y., criticized the Bureau of Industry and Security’s new final rule rescinding the Biden administration’s increased restrictions on firearms exports (see 2509290045), saying the move will diminish government oversight of such transactions.
A Bureau of Industry and Security interim final rule that introduced a 50% ownership threshold rule for the Entity List and Military End-User List was released and effective Sept. 29 (see 2509290017).
The 60-day temporary general license in the Bureau of Industry and Security's new 50% rule (see 2509290017) is “very limited” and could push exporters to apply for licenses “on an expedited basis to avoid noncompliance,” Morgan Lewis said in a client alert.
The Bureau of Industry and Security's new 50% rule only applies to ownership, not the “control” that a parent company may have over an affiliate, the agency said in new FAQs. Other FAQs stress that the government’s Consolidated Screening List is no longer exhaustive, clarify how license exceptions may apply to unlisted affiliates, explain how BIS will determine whether a U.S. exporter has “knowledge” that a listed entity owns part of a non-listed foreign affiliate, and more.
Steven Emme, former chief strategy officer for the Bureau of Industry and Security, has joined Akin as an international trade partner, the firm announced. Emme worked multiple stints at the Commerce Department since 2007, including as BIS chief strategy officer beginning in 2023, before leaving earlier this year. His practice will focus on international trade and national security, including issues related to U.S. export control and sanctions regulations.
China's Ministry of Commerce this week criticized the Bureau of Industry and Security's new rule that introduced a 50% ownership threshold rule for the Entity List and Military End-User List (see 2509290017), saying the measure is "extremely egregious," "severely" damages the rights of affected companies and undermines global supply chains.
The Bureau of Industry and Security is rolling back a Biden-era interim final rule that increased restrictions on firearms exports, the agency said in a final rule effective Sept. 30. BIS said it decided that the rule should be “rescinded in its entirety” after hearing from U.S. firearms manufacturers that the controls “would cost them hundreds of millions of dollars per year in lost sales.”
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.