BIS Still Working on Rules to Expand US Persons Controls, Finalize Standards Bodies Exemption: Official
The Bureau of Industry and Security is still “developing” a rule that will expand the agency’s restrictions on certain activities that support foreign military, security or intelligence services, Hillary Hess, the agency’s regulatory policy director, said during a Sept. 12 Regulations and Procedures Technical Advisory Committee meeting. The rule, hailed by one lawmaker as the “largest expansion of presidential export control authority in several years,” will implement a provision in the FY 2023 defense spending bill that will allow BIS to expand its U.S. persons controls to capture certain sensitive services to foreign intelligence agencies (see 2212210032).
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A BIS official earlier this year said the agency expected to publish the rule in late March or early April (see 2303210037), and BIS has since declined to comment on the delay. Some lawyers warned the change could lead to new end-use screening obligations for U.S. people and companies operating abroad (see 2301060034).
Hess also said BIS is finalizing a 2022 interim final rule aimed at making it easier for certain U.S. technologies to be shared at standards-setting bodies (see 2209080038) She said the agency has “been through the comments” submitted under the rule and is “in the process” of preparing a rule that addresses the comments (see 2209130001).
BIS hopes to finish work on the rule before 2023, Hess said, but other agencies also have to clear it, which could push publication into next year.