BIS Seeks Comments on End Use and End User Based Controls

In a Federal Register Notice (FRN) published on July 29, 2024, the Bureau of Industry and Security (BIS) announced it was seeking comments on a proposed rule that would change restrictions under the Export Administration Regulations (EAR) on "military and intelligence end uses and end users."

The proposed rule expands the scope of current military end-use and end-user controls to "apply to all items subject to the EAR." This proposed change would move all entities on the current Military End-User List to BIS's Entity List. Additionally, the rule expands the country scope to "apply to all countries identified in Country Group D:5, as well as Macau." According to the rule, Country Group D:5 will incorporate countries identified in the International Traffic in Arms Regulations (ITAR) as "subject to a policy of denial for exports of defense articles and defense services."

The rule also proposes the introduction of rules and license requirements for:

• "Military-support end users," defined as "any person or entity whose actions or functions support 'military end uses,'" and
• "Intelligence end users," a revision of the existing "military-intelligence end user," which expands the scope of the controls to "all intelligence end users of the covered countries."

Additionally, the proposed rule amends the controlled activities of "U.S. persons."

Comments must be submitted online to BIS no later than September 27, 2024.

FRN 2024-16496 can be read in full here:
https://www.federalregister.gov/documents/2024/07/29/2024-16496/end-use-and-end-user-based-export-controls-including-us-persons-activities-controls-military-and

Comments on this proposed rule can be submitted here:
https://www.regulations.gov/