BIS Regulatory Agenda Includes New Mention of NPRM Related to Export Controls on 3D Printing
The Department of Commerce published its fall 2019 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of its intent to potentially control certain additive manufacturing equipment, or 3D printing, used in “energetic materials” as part of BIS’s effort to restrict sales of emerging technologies (see 1911210051). The notice of proposed rulemaking aims to gather feedback from industries while “discussions are ongoing” at the Wassenaar Arrangement. BIS said it aims to issue the proposed rule in November.
The agenda includes a new mention of a rule to amend the Export Administration Regulations to further restrict exports and re-exports of goods to Cuba. The rule would also revise the “availability” of certain license exceptions, the agency said. BIS aims to issue the rule in December. BIS amended the EAR in October to restrict exports to Cuba and establish a new de minimis level (see 1910180047).
The agenda also includes a new mention of a final rule that would make “certain modifications" to BIS's temporary general license for Huawei and its affiliates. In another new mention, BIS seeks to amend the Export Administration Regulations by adding new entities to the Entity List. BIS aims to issue both rules in January.
Another new mention is a final rule that would amend the Country Groups designations for "certain destinations for national security, foreign policy and proliferation-related concerns," BIS said. The agency aims to issue the rule in December.
BIS continues to mention an upcoming a long-awaited proposed rulemaking involving parties’ responsibilities under the Export Administration Regulations in a routed export transaction (see 1905230025), which the agency expects to issue in December. BIS also continues to mention a proposed rule that would transfer firearms and other defense goods from the State Department’s U.S. Munitions List to the Commerce Control List that it hopes to issue in January (see 1911080039).
Agenda Highlights
Highlights of the BIS rulemakings that are at the proposed, final or completed stages, are below. New items are marked with an asterisk (*).
| Prerule Stage |
|---|
| Proposed Export Controls for Quantum Computers |
| Review of Certain Foundational Technologies |
| Proposed Rule Stage |
| Amendment to Licensing Requirements for Exports to Canada of Shotguns, Shotgun Shells and Optical Sighting Devices Under the Export Administration Regulations |
| 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 USML |
| Information Security Controls: Cybersecurity Items |
| Review of Certain Technology Transfers |
| Modification of License Exception Additional Permissive Reexports (APR) |
| Review of Commerce Control List for Items Transferred From United States Munitions List Categories IV and XV |
| Removal of Availability of License Exception Strategic Trade Authorization and Technology and Software Restricted for Certain ECCNs Under the Export Administration Regulations |
| Export Control on Computer Forensic Systems, Equipment, Components, and Related Development, Production and Use Software and Technology |
| *Export Controls for Additive Manufacturing Equipment for "Energetic Materials" |
| 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) |
| Revisions to Commerce Control List: Impose Controls on Read-Out Integrated Circuits, Seismic Intrusion Detection System, Radar for Helicopter Landing Systems and Specified Nanotechnology |
| Technical Amendment to Update Status of Obsolete 0Y521 Series Item |
| Revisions, Clarifications, and Technical Corrections to the EAR |
| North Korea: Clarification and Update of Prohibitions Under the Export Administration Regulations |
| Expansion of Export, Reexport, and Transfer (In-Country) Controls for Military End Use or Military End Users in the People's Republic of China (China), Russia, or Venezuela |
| Implementation of New Commerce 232 Exclusion Process Portal |
| Clarification of Availability of License Exception Strategic Trade Authorization Under the Export Administration Regulations |
| Updated Statements of Legal Authority for the Export Administration Regulations |
| Commerce Control List: Revisions to Certain Chemical/Biological (CB) Controls Consistent With the Australia Group (AG) Common Control Lists and Policies |
| Revisions to the Export Administration Regulations: Implementation of Sanctions on Russia |
| Amendment to Licensing Policy for Items Controlled for Crime Control Reasons |
| Amendments to Existing Validated End-User Authorizations in the People's Republic of China and India: Samsung China Semiconductor Co. Ltd and GE India Industrial Pvt Ltd. |
| Revision of Export Enforcement Provisions under the Export Administration Regulations |
| Amendments to the Export Administration Regulations: Corrections and Clarifications |
| Wassenaar Arrangement 2018 Plenary Agreements Implementation; and Other Revisions Related to National Security Controls* |
| Elimination of License Exception Civil End Users (CIV) |
| *Temporary General License: Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements |
| *Addition of Entities to the Entity List |
| *Restricting Additional Exports and Reexports to Cuba |
| *Amendments to Country Groups for Certain Destinations Under the Export Administration Regulations |