Tag Archives: BIS

BIS Issues Orders Denying Export Privileges to Several Persons

US Department of Commerce’s Bureau of Industry and Security (BIS) issued Orders denying export privileges to Dane Francisco Delgado, Kamran Ashfaq Malik and Robert Luba. BIS also renewed an Order temporarily denying export privileges to Mahan Airways, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) … Continue Reading

DDTC and BIS Harmonised Destination Control Statement Rules Go Into Effect

On 15 November 2016, companion rules issued by DDTC and BIS went into effect that adopt a harmonised destination control statement for controlled exports. Exporters must now include the new destination control statement on the commercial invoice for covered items that are exported, retransferred or reexported in tangible form. And, in the case of 9×515 … Continue Reading

BIS Amends EAR to Update Military Arms Embargo Status of Côte d’Ivoire, Liberia, Sri Lanka and Vietnam

US Commerce Department’s Bureau of Industry and Security (BIS) has issued a final rule amending various provisions of the Export Administration Regulations (EAR) to account for changes to controls on exports of arms and related materiel to Côte d’Ivoire, Liberia, Sri Lanka and Vietnam. These actions follow the recent termination of the arms embargos of … Continue Reading

Updated SPIRE Website and Email Addresses

In order to reflect that the UK Export Control Organisation (ECO) is now part of the Department for International Trade (DIT), some aspects of SPIRE, the ECO’s online export licensing system, have been amended. The following website addresses are now live: Spire home page, ECO reports and statistics, Goods and OGEL checker. For exporters, this means that any licenses or … Continue Reading

New Rule Harmonises the EAR and ITAR Destination Control Statements

The US Commerce Department’s Bureau of Industry and Security (BIS) and the State Department’s Directorate of Defense Trade Controls (DDTC) each issued companion final rules (see here and here) that will amend the EAR and the ITAR, respectively, to harmonise the destination control statement language provided in both sets of regulations. These actions are the latest in a series taken pursuant … Continue Reading

BIS Issues Proposed Rule to Extend Duration of License Exception TMP for Manufacturing in Mexico

On 23 August 2016, BIS published a proposed rule that would extend the time limitation on temporary exports of controlled items to Mexico under license exception TMP (15 CFR §740.9). The rule would align TMP with Mexico’s Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) programme, which provides for quota- and tax-free imports of goods for use … Continue Reading

Export Control Reform Continues Through Changes to Key Terms

In June, the US Commerce Department’s Bureau of Industry and Security (BIS) and the State Department’s Directorate of Defense Trade Controls (DDTC) published companion rules to harmonize the definitions of key terms in the Export Administration Regulations (EAR) and the ITAR, respectively. The terms affected by the rulemaking include such fundamental concepts in export controls as “export”, “reexport”, “release”, “transfer” … Continue Reading

BIS Amends the Export Administration Regulations to Remove Controls on Domestic Crude Oil Exports

The US Commerce Department’s Bureau of Industry and Security (BIS) published a final rule implementing changes to the Export Administration Regulations’ (EAR) Short Supply controls on US domestic crude oil. The rulemaking implements changes to the Short Supply controls provisions of the EAR and Commerce Control List (including removing ECCN 1C981) that came into effect in December 2015, under the … Continue Reading

US Department of Commerce, Bureau of Industry and Security (BIS) Amends the Export Administration Regulations (EAR) to Implement Missile Technology Control Regime (MTCR) Changes

BIS is amending the EAR to reflect changes to the MTCR Annex that were agreed to by MTCR member countries in 2015. The final rule, published in the Federal Register on 4 April 2016, makes conforming changes to correlate the Commerce Control List (CCL) and other EAR provisions with the current MTCR Annex. This includes revisions to six … Continue Reading

DDTC and BIS Issue Proposed Rules to Reform USML Category XII and Related Controls of Fire Control, Laser, Imaging, and Guidance and Control Equipment

The US State Department’s Directorate of Defense Trade Controls (DDTC) and Commerce Departments’ Bureau of Industry and Security (BIS) have issued companion proposed rules to reform Category XII of the US Munitions List (USML). Under the proposed rules (State Rule; BIS Rule), certain fire control, laser, imaging, and guidance and control equipment that were previously controlled as defence articles … Continue Reading

BIS Targeted Large Chinese Telecommunications Company, Then Loosened Restrictions

On 8 March 2016, the BIS added Zhongxing Telecommunications Equipment Corporation (ZTE Corporation), ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and two other affiliates to the Entity List (see announcement). However, due to unspecified commitments made by ZTE Corporation and ZTE Kangxun to the US, BIS eased the restrictions imposed against the two entities – but not the affiliates simultaneously designated … Continue Reading

BIS Issued a Temporary Denial Order in Connection with the Sale of Aircraft to an Iranian Airline

BIS issued a temporary denial order (TDO) (PDF) against five parties in connection with their attempt to sell US-origin aircraft to Caspian Airlines, an Iranian airline that remains on the list of Specially Designated Nationals and Blocked Persons (SDN List) even after the recent lifting of certain nuclearrelated sanctions against Iran.… Continue Reading

BIS and OFAC Announce Further Amendments to Cuba Sanctions Program

In the weeks preceding the 18 February 2016 agreement between the US and Cuba authorising daily US commercial flights between the two countries, regulators at the BIS and The US Treasury Department’s Office of Foreign Assets Control (OFAC) adopted companion rules easing restrictions on trade with Cuba. The BIS Rule, among other things, amends the … Continue Reading

BIS and DDTC Propose Further Revisions to Controls on Military Aircraft and Engines

On 9 February 2016, the Commerce Department’s Bureau of Industry and Security (BIS) and the State Department’s Directorate of Defense Trade Controls (DDTC) published companion proposed rules on Military Aircraft and Military Gas Turbine Engines and Related Items. Both the BIS Rule and State Rule are available online. The proposed rules are part of the agencies’ … Continue Reading

BIS Publishes Online Tool for Determining Controls Over Non-US-Made Items

The US Commerce Department’s Bureau of Industry and Security (BIS) has published an online decision tree tool for determining whether or not non-US-made items that incorporate US goods, technology or software are subject to the jurisdiction of the Export Administration Regulations (EAR). The decision tool assists exporters to navigate the EAR’s complicated de minimis and … Continue Reading

State Department and BIS Seek Comments on Certain USML Categories and Related Items on the CCL

Continuing its effort under the Export Control Reform (ECR) initiative, the US Department of State issued a Request for Comments concerning its 2014 revisions to the following categories of the United States Munitions List (USML): Category VI (Surface Vessels of War and Special Naval Equipment), Category VII (Ground Vehicles), Category XIII (Materials and Miscellaneous Articles) … Continue Reading

Cuba Sanctions Further Relaxed

Effective 21 September 2015, the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) made regulatory amendments allowing individuals and companies to further engage with Cuba. Of note, OFAC now authorizes certain categories of persons subject to US jurisdiction to establish a physical presence (e.g., an … Continue Reading

BIS Expands Entity List to Include 29 Persons Acting Contrary to US Policy in the Crimea Region of Ukraine

The US Department of Commerce, Bureau of Industry and Security (BIS) has issued a final rule amending the Export Administration Regulations (EAR) by adding 29 persons to the Entity List. These persons have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the United States … Continue Reading

US Commerce Department Amends Export Administration Regulations to Implement Removal Cuba’s State Sponsor of Terrorism Designation

On 22 July 2015, the US Department of Commerce Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to implement the Secretary of State’s removal of Cuba from the list of State Sponsors of Terrorism. The rulemaking removes anti-terrorism (AT) licensing requirements for Cuba and references throughout the EAR to Cuba as … Continue Reading

BIS and DDTC Propose New Rules to Harmonise EAR and ITAR Definitions

On 3 June 2015, the US Commerce Department’s Bureau of Industry and Security (BIS) and Department of State’s Directorate of Defense Trade Controls (DDTC) published companion announcements in the Federal Register of proposed revisions to key terms in the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). The proposed rules, if adopted, … Continue Reading
LexBlog