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The Department of commerce’s recent semiannual regulatory agenda looks to put tighter controls on exports to specific products to specific countries as well as an updated enforcement provision.

Below are some upcoming changes to keep an eye out for (this is not an inclusive list):

  • ANPR on potential export controls on quantum computers
  • Proposed rule to modify certain export license exceptions
  • Proposed rule on the effects of adding to the Commerce Control List an export control on computer forensic systems, equipment, components, and related development, production, and use software
  • Proposed rule to require review of certain technology transfers that would not otherwise require licenses according to the Commerce Control List
  • ANPR on criteria for reviewing certain foundational technologies pursuant to applicable sections of the Export Control Reform Act of 2018
  • Proposed rule to remove the availability of license exceptions STA (strategic trade authorization) and TSR (technology and software restricted) for certain items
  • Final rule establishing a general policy of denial for license applications for exports, reexports, or transfers (in-country) of items controlled for national security reasons to Russia, with certain exceptions
  • Final rule providing that export or reexport license applications for items controlled for national security reasons may be reviewed for human rights concerns
  • Final rule aligning the enforcement provisions of the Export Administration Regulations with the Export Control Reform Act of 2018, including revising penalty guidelines and enforcement authority
  • Final rule clarifying the availability of license exception STA for exports, reexports, and transfers (in-country) of certain items under the EAR (July 2019; previously November 2018)
  • Proposed rule on the definition of a routed export transaction and the responsibilities of parties in such
  • Proposed rule to expand license requirements on exports, reexports, and transfers (in-country) of items intended for military end-use or military end-users in China, Russia, or Venezuela
  • Proposed rule on export controls for cybersecurity items
  • Proposed rule to amend certain 600 series ECCNs to clarify the controls on items related to military vehicles, vessels of war, submersible vessels, oceanographic equipment, and auxiliary and miscellaneous military equipment

Regulatory Agenda:

Additional Details: