Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

The Bureau of Industry and Security (BIS) published a clerical correction to its 16 September 2024 final rule "Administrative and Enforcement Provisions" (RIN 0694-AJ84, 89 FR 75477). The original final rule's instruction No. 2 erroneously stated that 15 CFR 764.5 paragraph (b) was to be revised; BIS clarifies that only paragraphs (a) and (c) through (f) were revised and paragraph (g) added, while paragraph (b) was not intended to be amended. The correction is purely typographical and has no substantive effect on the underlying enforcement procedural changes.

The Bureau of Industry and Security (BIS) published a final rule (RIN 0694-AJ84; 89 FR 75477) amending 15 CFR Parts 764 and 766 of the Export Administration Regulations (EAR) to restructure administrative enforcement procedures. The rule revamps the voluntary self-disclosure (VSD) process under 15 CFR 764.5, abolishes prior penalty caps, amends the penalty guidelines in Supplement No. 1 to Part 766, and establishes that a deliberate decision not to disclose a "significant apparent violation" of the EAR will be treated as an aggravating factor when BIS calibrates administrative sanctions. The rule is effective on publication (16 September 2024).

The Bureau of Industry and Security (BIS) published a final rule (FR Doc 2023-18772; 88 FR 59927) amending 15 CFR 766.24 of the Export Administration Regulations (EAR) to create an additional option for the renewal of Temporary Denial Orders (TDOs). Under the new provision, BIS may request the Assistant Secretary for Export Enforcement renew a TDO for up to one year — rather than the standard maximum of 180 days — where the record demonstrates a pattern of repeated, ongoing, and/or continuous apparent violations. The rule was motivated by the sustained TDO enforcement campaign against Russian and Belarusian civil aviation entities that began in April 2022 following Russia's invasion of Ukraine.