Monday, August 28, 2023

BIS Sends 2 Final Rules to OMB – 8-25-23

On Friday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received two final rules from the DOC’s Bureau of Industry and Security (BIS) for changes to export control regulations. The two rules cover:

Revisions to Certain Australia Group Controls and Reasons for Control, and

Revisions to the Export Administration Regulations Based on 2018, 2019, 2021, and 2022 Missile Technology Control Regime Plenary Agreements; and Revisions to License Exception Eligibility

The first rule was not listed in the Spring 2023 Unified Agenda. The entry for the second rule states that:

“This final rule makes revisions to the Export Administration Regulations based on 2021 and 2022 Missile Technology Control Regime Plenary Agreements; and Revisions to License Exception Eligibility”

Unless you closely follow these international arms control discussions (and I do not), there is no reasonable way to determine what BIS may include in these rules. Since cybersecurity issues have been covered in the past, I mention these now.

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