Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to implement changes to the Missile Technology Control Regime (MTCR) Annex agreed at Technical Experts Meetings in 2018, 2019, and 2021, revising six ECCNs (1C111, 2A101, 2B119, 6A107, 9A101, and 9E515). The rule simultaneously expands license exception eligibility for MT-controlled items — adding one new authorization and broadening four existing exceptions — for exports to allies and partners not in Country Groups D:4 or D:5. BIS estimates the changes will reduce MT-related license applications by approximately 400 per year, easing compliance burden on defence and aerospace exporters dealing with allied governments.

The Bureau of Industry and Security amended the Export Administration Regulations by adding four entities under nine entries to the Entity List, effective November 21, 2023 (FR Doc. 2023-25684). Three entities — Aerofalcon S.L. (Spain), Novax Group S.A. (Costa Rica, Ecuador, Panama, Russia, Venezuela), and Zero Waste Global SA (Panama, Venezuela) — were listed for circumventing US sanctions by supplying Nicolás Maduro's government with US-origin aircraft parts using fraudulent export documentation. A fourth entity, Si2 Microsystems Private Limited (India), was listed for supplying Russian defense-sector consignees with US-origin integrated circuits in violation of Section 746.5(a)(1)(ii) Russia/Belarus export restrictions. All entities are subject to a license requirement for all EAR items with a presumption of denial.

The Bureau of Industry and Security (BIS) added thirteen entities to the Entity List effective November 2, 2023 — twelve in Russia and one in Uzbekistan — for posing a significant risk of supporting Russia's war against Ukraine through the procurement, development, and proliferation of unmanned aerial vehicles (UAVs). The designated group includes ZALA Aero Group, the Kalashnikov Concern-linked maker of the Lancet loitering munition and Orlan-10 reconnaissance drone. A license requirement now applies to all items subject to the EAR exported, reexported, or transferred to these parties, with a license review policy of denial for everything except food and medicine designated EAR99 (case-by-case), and the Russia/Belarus Military End User Foreign Direct Product rule applies.

BIS implements December 2022 Wassenaar Arrangement plenary decisions by amending Commerce Control List ECCNs 9A001, 9A003, 9E001, 9E002, and 9E003 via an interim final rule effective October 18, 2023. The rule moves technology for developing supersonic-capable aero gas turbine engine components from ECCN 9E001 to a new paragraph 9E003.k, preserving development-phase controls even after an engine obtains civil certification. BIS simultaneously extends to supersonic engines the civil-certification release from 9A001 to 9A991 already available for subsonic engines, and opens a 45-day public comment period (deadline December 4, 2023) on whether to restrict Strategic Trade Authorization eligibility for ECCN 9E003.k for certain Country Group A:5 partner-country destinations.

BIS added 28 entities to the EAR Entity List across seven countries, targeting four distinct threat clusters: a Russia GRU/UAV diversion network spanning China, Finland, Germany, and Russia; an Iran Shahed-series UAV procurement chain operating through Chinese front companies (designated under the Russia/Belarus Military End User FDP Rule); Pakistan-linked suppliers procuring for unsafeguarded nuclear activities; and two Oman-based entities supporting Yemen's Houthi forces. Russia's dominant titanium producer VSMPO-AVISMA was also added as a military end user. One Chinese entity (Zhejiang Perfect New Material) was simultaneously removed from the Military End User List.

BIS issued a correcting amendment to the EAR Entity List to add China Aviation Development Harbin Bearing Co., Ltd. — an AVIC subsidiary and specialist precision-bearing manufacturer — that was included in the preamble of the June 14, 2023 final rule (88 FR 38739) but inadvertently omitted from the regulatory text. The entity was designated for acquiring and attempting to acquire US-origin items in support of China's military modernization, including hypersonic weapons development, air-to-air missiles, and weapon lifecycle management using Western software. All EAR-subject items require a licence with a presumption of denial; retroactive effective date of June 16, 2023.

BIS published a final rule adding 43 entities under 50 entries to the EAR Entity List and removing one entity (Fiber Optic Solutions, Latvia), effective June 12, 2023. The additions span ten countries — China (31 entities), UAE (5), Pakistan (4), South Africa (3), UK (2), and one each in Kenya, Laos, Malaysia, Singapore, and Thailand — targeting four principal threat clusters: China's military modernization and hypersonic-weapons supply chain, an international network of flight-training academies (TFASA and affiliates) providing Western pilot training to Chinese military personnel, Pakistan-linked procurement for unsafeguarded ballistic-missile programs, and UAE/South Africa-based dual-use diversion networks. All listed entities require a BIS licence, with most subject to a presumption of denial.

The Bureau of Industry and Security (BIS) issued a final rule on 19 May 2023 strengthening existing Export Administration Regulations (EAR) sanctions against Russia and Belarus. The rule expands the Foreign Direct Product (FDP) rule — which applies EAR jurisdiction to foreign-made items produced with US technology or equipment — to cover the temporarily occupied Crimea region of Ukraine. It also revises controls targeting Iran's supply of unmanned aerial vehicles (UAVs) to Russia, closing loopholes identified in prior rounds of Russia-Ukraine-related export-control rulemaking.

The Bureau of Industry and Security (BIS) added 71 entities to the Entity List effective May 19, 2023, as part of the continuing US export-control response to Russia's invasion of Ukraine. Of the 71 additions, 69 are Russian entities (aircraft repair plants, ammunition and gunpowder manufacturers, shipyards, tractor and automobile factories, and engineering centres), one is Armenian, and one is Kyrgyz — the latter two for facilitating diversion of controlled goods to Russia. The majority of Russian entities received "footnote 3" designations as Russian or Belarusian military end users, triggering the Russia/Belarus Military End-User FDP Rule and subjecting them to a license review policy of denial.

The Bureau of Industry and Security (BIS) added 10 entities under 13 destination entries to the Entity List, effective February 24, 2023. The additions span three groups: (1) five Chinese entities operating in the commercial satellite and dual-use space sector — most notably Spacety Co., Ltd. and China HEAD Aerospace Technology Co., both suspected of supplying satellite imagery and space technology in support of the Russian military in Ukraine; (2) two Canadian procurement intermediaries (CPUNTO Inc. and Electronic Network Inc.) facilitating illicit acquisition of US-origin controlled items; and (3) three Russian defense-industrial procurement companies supplying the Russian military. All listed entities are subject to a license requirement for all EAR-subject items with a policy of denial, except EAR99 food and medicine which receive case-by-case review.

The Bureau of Industry and Security (BIS) established a new Iran Foreign Direct Product (FDP) rule and created Supplement No. 7 to Part 746 of the EAR, effective 24 February 2023, to address Iran's supply of UAVs to Russia for use against Ukraine. The rule adds twelve HTS-6 codes covering UAV-relevant components — aircraft engines, processors, capacitors, memories, and radio navigation equipment — many of which are EAR99 items outside existing ECCNs, requiring a new licence for exports and reexports to Iran. Simultaneously, the rule expands the existing Russia/Belarus FDP rule to cover these same items, closing a gap where foreign-produced items derived from US technology could transit to Russia via Iran without triggering EAR licence requirements.

BIS amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement decisions agreed at the December 2021 Wassenaar Arrangement Plenary meeting, revising 16 ECCNs across computing, electronics, lasers, sensors, and aerospace domains. The most operationally significant change raised the Adjusted Peak Performance (APP) threshold for digital computers under ECCN 4A003.b from 29 to 70 Weighted TeraFLOPS (WT), reducing the licensing burden for high-performance computing exports to Wassenaar partner countries while preserving controls to non-partners. Corresponding revisions to License Exception APP (15 CFR Part 740) and License Exception Strategic Trade Authorization (STA) align the broader EAR framework with the updated multilateral thresholds.

The US Bureau of Industry and Security (BIS) final rule (88 FR 9380; FR Doc 2023-03193), effective February 10, 2023, added six Chinese entities to the Entity List for supporting China's military modernisation, specifically the People's Liberation Army's (PLA) aerospace programs including airships, high-altitude balloons, and related components. The rule imposed a licence requirement of "all items subject to the EAR" with a review policy of presumption of denial and no licence exceptions available. The action directly followed the PRC high-altitude balloon (HAB) incursion into US airspace in late January–early February 2023 and was one of the first regulatory responses in the balloon-surveillance episode.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding seven Iranian entities to the Entity List effective 31 January 2023, for contributing to Russia's military and defense industrial base through the production and transfer of Iranian unmanned aerial vehicles (UAVs) used by Russia in Ukraine. The entities — including Shahed Aviation Industries, Qods Aviation Industry, and arms of the Islamic Revolutionary Guard Corps — are subject to a license requirement with a presumption of denial for all EAR-jurisdiction items. The rule applies the Russia/Belarus Military End User Foreign Direct Product (FDP) rule to all seven entities, extending its reach to foreign-produced items destined for or routed through these Iranian UAV producers.

Commission Delegated Regulation (EU) 2023/66, adopted 21 October 2022 and published in the Official Journal on 11 January 2023 (OJ L 9), replaces Annex I of Regulation (EU) 2021/821 (the EU Dual-Use Recast Regulation) with an updated control list implementing the 2022 multilateral decisions of the Wassenaar Arrangement, MTCR, Australia Group, NSG and the Chemical Weapons Convention. Per GTA's tracking of the CN-code-level change, the update removed 7 six-digit CN codes and added 8 new ones. It entered into force on 12 January 2023, the day after publication.