Proposed Changes To ITAR And EAR Further Limit Support To Certain Military, Intelligence, And Security End Users And Restrict U.S. Person Support

On July 25, 2024, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued two proposed rules: one that focuses on enhancing and expanding controls on military and intelligence end users and end uses, and the other that focuses on human rights and expansion of crime control requirements (the FSEU Rule). On the same day, the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) issued a new proposed rule (the Defense Services Rule) that would revise the definition of "defense services" and the associated scope of related controls in the International Traffic in Arms Regulations (ITAR).

The key changes include:

• Expanding the military end user (MEU) and military end use rule, including expanding the definition of MEU, the scope of items, and countries affected