BIS Sends CBWC Sudan Sanctions Final Rule to OMB

Yesterday, OMB’s Office of Information and Regulatory Affairs announced that it had received a final rule from DOC’s Bureau of Industry and Security on “Sudan: Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 Sanctions in the EAR; Additional Restrictions”. 

According to the 2026 Unified Agenda Entry for this rulemaking: 

“The Department of State, acting under authority delegated pursuant to Executive Order 12851, has determined pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) that the Government of Sudan has used chemical or biological weapons in violation of international law or lethal chemical or biological weapons against its own nationals. The sanctions imposed on Sudan in connection with this determination include a prohibition, subject to partial waiver, on the export, reexport, or transfer (in-country) to Sudan of national security-controlled items subject to the Export Administration Regulations (EAR). With this final rule, consistent with BIS’s implementation of the CBW Act sanctions, Sudan is being removed from Country Group B and most license applications for exports, reexports, or transfers (in-country) of national security-controlled items destined for Sudan will be reviewed under a presumption of denial. Additionally, pursuant to its authority under the Export Control Reform Act of 2018, BIS is adding Sudan to column Country Group D:3 of the Commerce Country Chart and is tightening its license application review policy for items controlled for chemical and biological reasons by adopting the same presumption of denial policy.” 

Side Note: While the 2026 Unified Agenda entry for this rulemaking notes that this was previously published in the Unified Agenda, the Spring 2025 Unified Agenda entry for RIN 0694-AK21 appears to have been a generic placeholder rulemaking entitled: “Revisions to EAR” with an equally generic abstract listing of “In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR).” A similar placeholder entry, RIN 0694-AK42, can be found in the 2026 Unified Agenda. 

OMB Approves BIS Drone Export Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the DOC’s Bureau of Industry and Security (BIS) on “Streamlining Export Controls for Drone Exports”. The final rule was sent to OIRA on June 11th, 2026. The interim final rule for this rulemaking was published on January 21st, 2026. 

According to the 2026 Unified Agenda entry for this rulemaking:  

“The Bureau of Industry and Security (BIS) is easing export controls on certain civil Unmanned Aerial Vehicles (UAVs) and related technologies, which currently need a license to be exported to most countries. In particular, this interim final rule (IFR): a) allows less sensitive UAVs namely, commercial UAVs with a maximum endurance of less than one hour, for which there is broad foreign availability to be exported to most Wassenaar Arrangement Participating States (Country Group A:1) without a license; and b) allows more capable non-military UAVs namely, certain long-range cargo delivery and agricultural spraying drones to be exported to certain U.S. partners and allies (Country Group A:5) under License Exception Strategic Trade Authorization (STA). Exports pursuant to License Exception STA are subject to notification and reporting requirements to ensure the security of the exports. BIS is making these changes pursuant to Executive Order (E.O.) 14307 [link added], Unleashing American Drone Dominance.”” 

I will not be covering this rulemaking in any detail, but I do expect that notification of its publication in the Federal Register will be reported in the appropriate Short Takes post. 

BIS Sends Space-Related Export Controls IFR to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received an interim final rule (IFR) from the DOC’s Bureau of Industry and Security (BIS) on “Export Administration Regulations: Revisions to Space-Related Export Controls”. An earlier IFR on this rulemaking was published on October 23rd, 2024. 

According to the Spring 2025 Unified Agenda entry for this rulemaking: 

“The Bureau of Industry and Security (BIS) is finalizing changes to controls for spacecraft and related items under the Export Administration Regulations (EAR) per an interim final rule published in October 2024. The IFR reduced license requirements on less sensitive items to reflect the close relations with certain countries to better facilitate space collaboration; and makes refinements and clarifications to existing controls. These changes will better enable a globally competitive U.S. space industrial base while continuing to protect U.S. national security and foreign policy interests.” 

This rulemaking is not something that I expect to cover in any depth, but as part of my limited Space Geek coverage, I would expect to at least announce it’s publication in the appropriate Short Takes post. 

BIS Sends Critical Technologies Controls IFR to OMB

 Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that  it had received an interim final rule from DOC’s Bureau of Industry and Security (BIS) on “Critical Technologies Controls”. Data Privacy, Data Security, and Cybersecurity Technologies 

According to the Spring 2025 Unified Agenda entry for this rulemaking:  

“Section 1758 of the Export Control Reform Act of 2018 (ECRA), as codified under 50 U.S.C. 4817 [link added], authorizes BIS to establish appropriate controls on the export, reexport or transfer (in-country) of emerging and foundational technologies. This rule proposes changes based on Section 1758 technology controls.” 

It is too early to tell if this rulemaking will be covered in any detail, because the scope described above is so vague. The BIS web site lists the following technologies of potential interest here as being on the OSTP Critical and Emerging Technologies List (2024) 

• Biotechnologies,  

• Data Privacy, Data Security, and Cybersecurity Technologies,  

• Human-Machine Interfaces,  

• Quantum Information and Enabling Technologies, and  

• Space Technologies and Systems. 

BIS Sends EAR Revision Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the DOC’s Bureau of Industry and Security (BIS) on “Revisions to the EAR” [Export Administration Regulations]. This would be (as is frequently the case with BIS regulatory actions) a direct final rule.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR).”

That is the entire abstract for this rulemaking. Needless to say, this is a less than helpful description of the purpose and scope of the rulemaking. It is hard to tell if there will be any detailed coverage here if/when this is published in the Federal Register.

BIS Withdraws AI Action Plan Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that the DOC’s Bureau of Industry and Security (BIS) has withdrawn their submitted final rule on “AI Action Plan Implementation”. The final rule was submitted to OIRA on February 26^th, 2026.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“The Bureau of Industry and Security (BIS) intends to rescind portions of the revisions and additions implemented by the Framework for Artificial Intelligence Diffusion,” published January 15, 2025. BIS intends to issue a new rule which will provide a more streamlined framework for enabling the secure deployment of advanced U.S. AI technology abroad.”

I am not sure why this final rule was withdrawn, but the Administration’s AI Action Plan is a significant part of its agenda, so I would expect BIS to resubmit a revised final rule, sooner rather than later.

As I noted in my earlier post on this rulemaking, this does not appear to be something that I would expect to cover in any detail, but AI is increasingly touching on cybersecurity and process management, so it is something that I would expect to be mentioning in passing.

BIS Sends AI Action Plan Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the DOC’s Bureau of Industry and Security (BIS) on “AI Action Plan Implementation”. An interim final rule was published (under the earlier title of this rulemaking; Framework for Artificial Intelligence Diffusion) on January 15^th, 2025.

According to the Spring 2025 Unified Agenda for this rulemaking:

“The Bureau of Industry and Security (BIS) intends to rescind portions of the revisions and additions implemented by the Framework for Artificial Intelligence Diffusion,” published January 15, 2025. BIS intends to issue a new rule which will provide a more streamlined framework for enabling the secure deployment of advanced U.S. AI technology abroad.”

This final rule would appear to be beyond the normal scope of coverage of this blog, so I do not plan on detailed coverage of its publication. I would expect to announce that, however, in the appropriate Short Takes post.

HR 2683 Passes in House – Remote Access Export Controls

Earlier this evening, the House completed action on HR 2683, the Remote Access Security Act, under the suspension of the rules process. Earlier in the afternoon, and after almost 14 minutes of debate, the Yeas and Nays were ordered. About three hours later the vote was held and the bill passed by a substantially bipartisan vote of 369 to 22. All of the nay votes came from Republicans.

The bill would authorize the DOC’s Bureau of Industry and Security (BIS) to regulate the use of remote access by a foreign person of items subject to the jurisdiction of the United States under the export control regulations. No new funding is authorized by this bill.

The bill now goes to the Senate for consideration. Unfortunately, the bill is not politically important enough for the bill to be considered under regular order. With the significant opposition to the bill in the House, it is unlikely that the bill would be taken up under the unanimous consent process. This leaves adding the language from this bill to a must pass authorization or spending bill, as the only way that this bill is going to reach the President’s Desk.

BIS Withdraws UAS Supply Chain IFR

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that the DOC’s Bureau of Industry and Security (BIS) withdrew their interim final rule on “Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems”. This IFR was sent to OIRA on October 3^rd, 2025. The advanced notice of proposed rulemaking (ANPRM) was published on January 3rd, 2025.

I cannot find anything on the BIS website that would explain their reason for withdrawing this rulemaking. I did find, however, an FCC public notice that might impact the rulemaking process. That notice “announces the addition of uncrewed aircraft systems (UAS) and UAS critical components produced in foreign countries to the Covered List”. This listing could inform the BIS enforcement efforts.

BIS Withdraws Rare Earths Export IFR

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that the DOC’s Bureau of Industry and Security (BIS) had withdrawn their interim final rule (IFR) on “Revisions to the Export Administration Regulations: Rare Earth Minerals and Strategic Metals”. The IFR was sent to OIRA on July 10^th, 2025.

According to the Spring 2025 Unified Agenda Entry for this rulemaking:

“This rule makes revisions to the Export Administration Regulations (EAR) for certain rare earth minerals and strategic metals.”

That description of the purpose of the rulemaking is way short on details, but I would assume that it was part and parcel of the Administration’s on-again, off-again disagreement with the Chinese about trade in rare earth materials. This follows a November BIS suspension of an entities list IFR that impacted Chinese trade.

OMB Approves BIS Drone Export IFR

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved an interim final rule (IFR) from the DOC’s Bureau of Industry and Security on “Streamlining Export Controls for Drone Exports”. The IFR was sent to OIRA on August 21^st, 2025. This rulemaking was not reported in the Spring 2025 Unified Agenda.

I will probably not be covering this IFR in any detail when it is published, probably after Christmas, in the Federal Register. I will at least note the publication in the appropriate Short Takes post.

OMB Approves BIS Bio-Lab Equipment Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the DOC’s Bureau of Industry and Security (BIS) on “Control of Laboratory Equipment and Related Technology and Software”. This would be the final action on an interim final rule that was published on January 16^th, 2025. This final rule was sent to OIRA on September 23^rd, 2025.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“The Bureau of Industry and Security (BIS) is finalizing revisions to an interim final rule published in January 2025 which amended the Export Administration Regulations (EAR) to address the accelerating development and deployment of advanced biotechnology tools contrary to U.S. national security and foreign policy interests.”

I probably will not be covering this final rule in any detail when it is published next week, but I will at least mention it in the appropriate Short Takes post when it is published.

BIS Sends UAS Supply Chain Security IFR to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the DOC’s Bureau of Industry and Security (BIS) on “Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems”. The advanced notice of proposed rulemaking (ANPRM) was published on January 3^rd, 2025.

According to the entry for this rulemaking in the Spring 2025 Unified Agenda:

“In this Interim Final Rule (IFR), the Department of Commerce’s Bureau of Industry and Security (BIS) will implement a rule regulating information and communications technology and services (ICTS) in the Unmanned Aircraft (UA) supply chain. This IFR will build upon BIS’s advance notice of proposed rulemaking (ANPRM) issued on January 3, 2025, that sought public comment on questions related to transactions involving ICTS integral to UAS that are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries identified at 15 CFR 791.4.”

BIS Sends Lab Equipment Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the DOC’s Bureau of Industry and Security (BIS) on “Control of Laboratory Equipment and Related Technology and Software”. This rule would complete action on the interim final rule (IFR) that was published on January 16^th, 2025.

According to the abstract for this rulemaking in the Spring 2025 Unified agenda:

“The Bureau of Industry and Security (BIS) is finalizing revisions to an interim final rule published in January 2025 which amended the Export Administration Regulations (EAR) to address the accelerating development and deployment of advanced biotechnology tools contrary to U.S. national security and foreign policy interests.”

BIS Sends EAR Revisions IFR to OMB – 7-10-25

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received an interim final rule (IFR) from the DOC’s Bureau of Industry and Security (BIS) on “Revisions to the Export Administration Regulations”.

This rulemaking (0694-AK20) was not listed in the Fall 2024 Unified Agenda, so it is difficult to determine what changes to the EAR will be proposed by this IFR. That makes it impossible to project what coverage this rulemaking will receive in this blog.

Review - HR 2683 Introduced – Remote Access Export Controls

Back in April Rep Lawler (R, NY) introduced HR 2683, the Remote Access Security Act. The bill would authorize the DOC’s Bureau of Industry and Security (BIS) to regulate the use of remote access by a foreign person of items subject to the jurisdiction of the United States under the export control regulations. No new funding is authorized by this bill.

Committee Action

The House Foreign Affairs Committee held a business meeting on April 19^th, 2025, where nine bills were considered, including HR 2683. The Committee adopted substitute language offered by Lawler and ordered it reported favorably by a vote of 57 to 0.

Moving Forward

The unanimous vote to adopt the bill in Committee suggests that the bill will be considered by the House under the suspension of the rules process. The problem, as with most legislation, will be in how this bill is considered in the Senate. It does not appear that this bill would be politically important enough to be considered under regular order. Again, the unanimous vote in Committee suggests that this bill could be considered under the unanimous consent process, but that is far from a sure thing.

Commentary

This is a broadly written bill that would give the DOC’s Bureau of Industry and Security (BIS) comprehensive authority to regulate the control of remote access to most devices on the export control list. Just how the Committee expects BIS to accomplish this regulatory task is not made clear.

 

For more information on the provisions of this bill, including a more detailed look at the changes in the substitute language, and an expanded commentary on the enforcement implications, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-2683-introduced-remote-access - subscription required.

BIS Sends AI Diffusion Rule Recision to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a recision notice from the DOC’s Bureau of Industry and Security (BIS) for their final rule on “Framework for Artificial Intelligence Diffusion”. That rule an interim final rule (IFR) for that rulemaking was published on January 15^th, 2025, with an effective date of January 13^th, and comment closing date of May 15^th, 2025.

There was an interesting, April 29^th article on Ruesters.com about potential Administration actions on this rulemaking.

NOTE: As with the original IFR, I do not expect that I will be covering this ‘recision’ process in any great detail here.

OMB Approves BIS Connected Vehicle Supply Chain ICR

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved an information collection request (ICR) from the DOC’s Bureau of Industry and Security on “Connected Vehicle Supply Chain Rule Compliance Requirements”. This new ICR supports the BIS final rule on “Securing the Information and Communications Technology Services Supply Chain: Connected Vehicles” that was published on January 16^th, 2025.

The table below shows the initial annual burden estimate for this ICR. As is typical for initial ICR’s, BIS has made a number of untested assumptions in making this burden estimate which can only be fully evaluated once the program has been in operation.

Review - OMB Approves BIS Chemical Weapons Convention ICR

Yesterday the OMB’s Office of Information and Regulatory Affairs announced that it had approved an information collection request (ICR) revision/extension from the DOC’s Bureau of Industry and Security on “Chemical Weapons Convention Provisions of the Export Administration Regulations”. The 60-day ICR notice was published on August 28^th, 2024 and the 30-day notice was published on November 29^th, 2024.

The table below shows the burden estimate for the previously approved version and the new version of this ICR.

For a more detailed look at the changes in the burden estimate, including a description of the individual information collections included in the estimate, see my article a CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/omb-approves-bis-chemical-weapons - subscription required. 

Review – BIS Publishes Security ICTS Supply Chain (UAS) ANPRM

Friday, the DOC’s Bureau of Industry and Security (BIS) published an advanced notice of proposed rulemaking (ANPRM) in the federal register (90 FR 271-279) on “Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems”. This ANPRM is looking at implementing the securing the information and communications technology and services supply chain requirements of EO 13873 with regards to unmanned aircraft systems that are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries.

Background

In EO 13873, President Trump declared a national emergency with respect to the “unrestricted acquisition or use in the United States of information and communications technology or services designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in information and communications technology or services, with potentially catastrophic effects, and thereby constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.”

In the EO the term ‘information and communications technology or services’ is defined as “any hardware, software, or other product or service primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means, including transmission, storage, and display”.

Potential Rule

BIS is considering developing a new regulation that could include mitigation measures and prohibitions addressing:

• Onboard computers responsible for processing data and controlling UAV flight

• Communications systems including, but not limited to, flight controllers, transceiver/receiver equipment, proximity links such as Global Navigation Satellite Systems (GNSS) sensors, and flight termination equipment,

• Flight control systems responsible for takeoff, landing, and navigation, including, but not limited to, exteroceptive and proprioceptive sensors,

• Ground control stations (GCS) or systems including, but not limited to, handheld flight controllers

• Operating software including, but not limited to, network management software,

• Mission planning software,

• Intelligent battery power systems,

• Local and external data storage devices and services, and

• Artificial intelligence (AI) software or applications.

Solicitation for Comments

BIS is soliciting public comments on these questions to advance their rulemaking process. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # BIS-2024-0058). Comments should be submitted by March 4^th, 2025.

Commentary

I am disappointed that BIS did not include any questions about cybersecurity protections for UAS, and how the applications (or absence) of such protections could mitigate the risks discussed in this ANPRM. I would like to propose two questions that could provide additional information necessary for the BIS rulemaking:

 

• What cybersecurity controls are in place that could prevent unauthorized access/control of UAS?

• What aftermarket applications are available for UAS that could mitigate unauthorized access/control of UAS?

• Could additional cybersecurity controls be developed that would prevent unauthorized access/control of UAS?

 

For more information on this ANPRM, including discussion about the information that BIS is looking for, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bis-publishes-security-icts-supply - subscription required.