BIS Sends Rule to Amend US Persons Controls for Interagency Review

The Bureau of Industry and Security sent a proposed rule for interagency review that could lead to changes to its end-use and end-user-based export controls. The rule, sent to the Office of Information and Regulatory Affairs Nov. 3, could specifically amend the BIS U.S. persons controls involving military and military intelligence end uses and end users.

Although the agency didn’t release more information about the rulemaking, it could implement a provision in the FY 2023 defense spending bill designed to allow BIS to expand its U.S. persons controls to capture certain sensitive services to foreign intelligence agencies (see 2212210032). Some lawyers warned the change could lead to a range of new end-use screening obligations for U.S. people and companies operating abroad (see 2301060034). BIS has been working on the rule for months (see 2309120023 and 2303210037).