BIS Tightens National Security Export Controls

On April 28, 2020, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published two final rules and one proposed rule¹ that will result in tighter restrictions on exports, reexports, and in-country transfers of dual-use items subject to the Export Administration Regulations (EAR) and controlled for national security reasons to China, Russia, Venezuela, and a number of other countries. Companies involved in exports and reexports of controlled items to these countries should carefully review the changes.

The two final rules, both of which will become effective on June 29, 2020: (i) remove a license exception available for exports of items controlled for national security reasons to China, Russia, Venezuela, and other countries subject to national security controls so long as the items are destined to civil end users for civil end uses (license exception CIV); and (ii) expand existing restrictions on exports, reexports, and transfers of certain