Rule2025-18992
Revision of Firearms License Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2025
Effective
September 30, 2025
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
On April 30, 2024, the Bureau of Industry and Security (BIS) published an interim final rule (Firearms IFR) that imposed new export license requirements for firearms and related ammunition and components. American firearms manufacturers estimated that these regulatory restrictions would cost them hundreds of millions of dollars per year in lost sales. BIS, informed by public comments on the Firearms IFR, has determined that the Firearms IFR should be rescinded in its entirety--with the only exception being to maintain new Export Control Classification Numbers (ECCNs). This final rule also amends the EAR by removing the Congressional notification requirement for certain semi-automatic firearms license applications. By restoring export controls on firearms to the state they were in at the end of the first Trump Administration, BIS is advancing the Administration's commitment to reducing regulatory burdens on industry and law-abiding firearms owners.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Rules and Regulations]
[Pages 47170-47201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18992]
[[Page 47169]]
Vol. 90
Tuesday,
No. 187
September 30, 2025
Part III
Department of Commerce
-----------------------------------------------------------------------
Bureau of Industry and Security
-----------------------------------------------------------------------
15 CFR Parts 738, 740, 742, et al.
Revision of Firearms License Requirements; Final Rule; Expansion of
End-User Controls To Cover Affiliates of Certain Listed Entities; Final
Rule
Federal Register / Vol. 90, No. 187 / Tuesday, September 30, 2025 /
Rules and Regulations
[[Page 47170]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 742, 743, 748, 750, 758, 772, and 774
[Docket No. 250910-0151]
RIN 0694-AJ46
Revision of Firearms License Requirements
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On April 30, 2024, the Bureau of Industry and Security (BIS)
published an interim final rule (Firearms IFR) that imposed new export
license requirements for firearms and related ammunition and
components. American firearms manufacturers estimated that these
regulatory restrictions would cost them hundreds of millions of dollars
per year in lost sales. BIS, informed by public comments on the
Firearms IFR, has determined that the Firearms IFR should be rescinded
in its entirety--with the only exception being to maintain new Export
Control Classification Numbers (ECCNs). This final rule also amends the
EAR by removing the Congressional notification requirement for certain
semi-automatic firearms license applications. By restoring export
controls on firearms to the state they were in at the end of the first
Trump Administration, BIS is advancing the Administration's commitment
to reducing regulatory burdens on industry and law-abiding firearms
owners.
DATES: This rule is effective September 30, 2025.
FOR FURTHER INFORMATION CONTACT: Benjamin Barron, Supervisory Export
Policy Analyst, Bureau of Industry and Security, Department of
Commerce, Phone: 202-482-4252, and Ronald Rolfe, Supervisory Export
Policy Analyst, Bureau of Industry and Security, Department of
Commerce, Phone: 202-482-4563. Both can be reached at
<a href="/cdn-cgi/l/email-protection#56103f243337243b2516343f257832393578313920"><span class="__cf_email__" data-cfemail="83c5eaf1e6e2f1eef0c3e1eaf0ade7ece0ade4ecf5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule revises the EAR (15 CFR
parts 730-774) in response to comments BIS received on the interim
final rule, ``Revision of Firearms License Requirements'' that BIS
published on April 30, 2024 (89 FR 34680) (Firearms IFR), pursuant to
which BIS made a series of amendments to the EAR effective May 30,
2024. The Firearms IFR revised the license requirements and review
policies, as well as other aspects of the control structure (e.g.,
license exception eligibility and export clearance requirements) for
firearms, including shotguns, ammunition, parts, accessories (e.g.,
optical devices), and related technology and software (``0x5zz
items'').
This final rule is organized into four sections: I--Background,
II--Comments, III--Description of Regulatory Changes, and IV--Other EAR
Revisions. Section I discusses the background of this final rule which
includes the history of EAR firearms controls and the policy changes
that shaped this final rule. In section II, BIS summarizes and responds
to the comments received in response to the Firearms IFR organized into
28 topics that in turn are divided in two parts. First, BIS describes
the comments of general applicability under section II.A. Then, under
section II.B, BIS describes the comments received on specific changes
to the regulatory text included in the Firearms IFR. In section III,
BIS describes the regulatory changes made pursuant to the Firearms IFR,
and how each of those changes is revised. The revisions that this final
rule makes to the EAR ensure that appropriate controls are in place for
0x5zz items, while at the same time reflecting consideration of
exporters' concerns regarding burdens as detailed in public comments.
Finally, section IV discusses other revisions to the EAR by this final
rule that were not part of the Firearms IFR. As a general matter, the
regulatory actions undertaken in this final rule are consistent with
BIS's ongoing commitment to reducing the regulatory burden on the
American people and industry as well as adopting commonsense
regulations.
I. Background
The changes described in this final rule that pertain to firearms
and related items are based on a comprehensive review of the EAR's
provisions that affect the licensing of 0x5zz items and of public
comments received on the Firearms IFR. BIS will continue to exercise
appropriate regulatory oversight over the export, reexports, and
transfers (in-country) of the 0x5zz items at issue but will reduce the
procedural burdens and costs of export compliance on the U.S. firearms
industry and American people. Notably, this final rule is eliminating
controls that are more restrictive or have otherwise imposed novel
burdens on exporters, reexporters, or transferors that do not apply to
``600 series'' military items. This final rule also takes into account
that 0x5zz items are typically sold through commercial channels for
civil applications, as well as to certain government end users (e.g.,
law enforcement). By making these changes, the final rule will allow
BIS, and its interagency partners, to make better use of export control
resources in assessing threats and risks to U.S. national security and
foreign policy interests.
BIS has determined that certain restrictions and requirements added
to the EAR pursuant to the Firearms IFR imposed unnecessary regulatory
burdens on exporters, reexporters, and transferors of 0x5zz items and
end users of such items outside the United States and alleviates those
burdens in this final rule. BIS retains the amendments in the Firearms
IFR that added four new ECCNs (0A506, 0A507, 0A508, and 0A509) to the
Commerce Control List (CCL) (supplement no. 1 to part 774 of the EAR),
along with changes to Sec. 758.1(g)(4) requiring ECCN item paragraph
classification or other control descriptors in the Electronic Export
Information (EEI) filing in the Automated Export System (AES). These
provisions enable BIS to fulfill its conventional arms reporting
requirements without requiring a separate submission from exporters and
allow BIS's Office of Export Enforcement (OEE) to utilize its resources
more efficiently to prioritize and address diversion risks of 0x5zz
items. BIS also retains the paragraph restructuring, clarifying edits,
and conforming changes related to the new ECCNs added by the Firearms
IFR, as they provide improved comprehension of the EAR. This final rule
removes all other changes to the EAR made pursuant to the Firearms IFR.
History of EAR Firearms Controls
Items classified under 0x5zz ECCNs have been controlled by the
Department of Commerce (Commerce) under the EAR since March 9, 2020,
when jurisdiction over certain end-item firearms and related items was
transferred by removing them from the Department of State's (State)
United States Munitions List (USML) (see 22 CFR part 121) under the
International Traffic in Arms Regulations (ITAR) to Commerce's CCL
under the EAR. BIS continues to exercise Commerce's jurisdiction over
long barrel shotguns (greater than 18 inches), as well as certain
related items. See the January 23, 2020, BIS final rule, ``Control of
Firearms, Guns, Ammunition and Related Articles the President
Determines No Longer Warrant Control Under the United States Munitions
List (USML)'' (85 FR 4136) (January 2020 EAR final rule; effective
date: March 9, 2020) and the January 20, 2020, State final rule,
``International Traffic in Arms Regulations: U.S. Munitions List
[[Page 47171]]
Categories I, II, and III'' (85 FR 3819; effective date: March 9,
2020). During the past five years, BIS has required that an
authorization be obtained for most exports and reexports of 0x5zz items
to most destinations, including Canada. The 0x5zz items are currently
controlled under the following ECCNs: 0A501, 0A502, 0A504, 0A505,
0A506, 0A507, 0A508, 0A509, 0B501, 0B505, 0D501, 0D505, 0E501, 0E504,
and 0E505. In addition to the worldwide license requirement, which has
generally been in effect since March 9, 2020, BIS maintains other
requirements with respect to 0x5zz items. These include certain export
clearance requirements that provide information regarding the specific
items being exported or reexported; limitations on the availability of
license exceptions; and certain recordkeeping requirements. As
described in the January 2020 EAR final rule, BIS added to the EAR
provisions to ensure that U.S. export controls under the EAR account
for the firearms-related import controls of other countries;
specifically, the use of BIS licenses was predicated on having an
Import Certificate or other permit (if required) by the importing
country. These requirements were imposed to ensure, to the extent
feasible, that the EAR control structure for 0x5zz items would protect
U.S. national security and foreign policy interests, which include
countering diversion and misuse of 0x5zz items and advancing human
rights.
Policy Changes
As part of the license review policy adopted pursuant to the
Firearms IFR, BIS implemented more restrictive license application and
review requirements, including imposing unique support documentation or
other limitations or requirements on license applications for 0x5zz
items. These license application and review requirements were more
restrictive than those applied to other items transferred from the USML
to the CCL as part of the Export Control Reform initiative (i.e., the
``600 series'' military items and 9x515 spacecraft items). This final
rule revises the EAR to return the license review policy and other
license support documentation requirements for 0x5zz items to those
that were in effect prior to May 30, 2024, the effective date of the
Firearms IFR. BIS determined that these previous license review
policies and support documentation requirements in effect prior to May
30, 2024, gave BIS and the other license review agencies sufficient
information to review license applications and discretion to deny
license applications as warranted to protect U.S. national security and
foreign policy interests. BIS emphasizes that with the rescission of
the Firearms IFR, BIS or the other license review agencies may still
request additional information or support documentation from a license
applicant.
BIS's policy is to be prudent and fiscally responsible in the
expenditure of public funds, and to alleviate unnecessary regulatory
and financial burdens placed on the American people. BIS has determined
that the changes described in this final rule will continue to advance
U.S. national security and foreign policy interests, while reducing the
economic impact the Firearms IFR had on the U.S. firearms industry, the
American public, and the broader U.S. economy. As with all EAR
controls, these changes are designed to be as targeted as possible to
accomplish BIS's mission to protect the national security and foreign
policy interests of the United States.
While this final rule is reversing the majority of the changes to
the EAR made pursuant to the Firearms IFR, BIS maintains license
requirements and policies for 0x5zz items that allow BIS and its
interagency partners sufficient latitude to review and properly
adjudicate BIS licenses involving destinations, end uses, or end users
of concern and to deny license applications that would involve unlawful
end uses or otherwise be contrary to U.S. national security and foreign
policy interests. The control structure for the 0x5zz items is also
further strengthened by the part 744 end use and end user controls, as
well as the embargoes and other special controls under part 746. These
aspects of the control structure for 0x5zz items are not changed with
this final rule. This final rule only removes requirements from the
Firearms IFR that BIS has assessed are unnecessary to achieve its
control objectives. The final rule is intended to be less burdensome on
the firearm industry, while also treating firearms commensurate with
other more sensitive items (e.g., ``600 series'' items that are subject
to the EAR).
II. Comments
In response to the Firearms IFR, BIS received and posted nearly
13,000 comments, including 399 unique comments, of which 375 were
responsive. There were an additional 11 ``bulk'' comments (consolidated
and primarily duplicative comments) that were responsive. BIS
appreciates the constructive comments and recommendations to enhance
and/or streamline the EAR's controls and related policies and
procedures as amended by the Firearms IFR, as well as those comments
that raised concerns about the regulatory changes.
A. Comments of General Applicability
Favorable Opinion of the Firearms IFR
Comment 1: Numerous commenters expressed support for the Firearms
IFR as a common-sense regulatory measure to further national security
and foreign policy interests. In particular, these commenters viewed
export restrictions imposed pursuant to the Firearms IFR as tools to
protect the world from gun violence, including criminal and terrorist
activity and the abuse of human rights.
BIS Response: BIS appreciates these commenters' perspectives. In
this final rule, BIS is making changes that reflect its commitment to
exercising appropriate regulatory oversight over the exports,
reexports, and transfers (in-country) of the 0x5zz items at issue in a
manner that addresses the concerns raised by these commenters. However,
this final rule's revisions also reduce the procedural burdens and
costs of export compliance on the U.S. firearms industry and the
American people. BIS will continue to maintain appropriate firearms
controls and related policies that support U.S. national security and
foreign policy interests.
Unfavorable Opinion of the Firearms IFR
Comment 2: Numerous commenters criticized the changes made to the
EAR by the Firearms IFR. Some described the Firearms IFR as
unnecessarily complex and difficult to understand. These commenters
asserted that the changes included in the Firearms IFR are a way of
exercising greater control, policing behavior, and collecting data on
lawful gun owners. Some commenters noted that the Firearms IFR suggests
that the government mistrusts American citizens and businesses,
characterizing the IFR as an example of government overreach into
private affairs.
BIS Response: The Firearms IFR did not restrict the sale or use of
firearms domestically. BIS does not regulate the domestic sale or use
of firearms or related items; nor do the export controls on 0x5zz items
under the EAR have any bearing on, or otherwise restrict, domestic gun
rights or gun ownership. BIS has reviewed the complexity of the
requirements in the Firearms IFR and made changes to reduce or, as
appropriate, entirely eliminate relevant regulatory burdens.
Comment 3: Numerous commenters asserted that the Firearms IFR
violates the Constitution, specifically the Second
[[Page 47172]]
Amendment, by potentially infringing upon their rights to bear arms. In
connection with this assertion, they cited their belief that increased
scrutiny and potentially longer application processing times could
deter individuals from exercising these constitutional rights.
BIS Response: Consistent with BIS's jurisdiction, the Firearms IFR
addressed exports of firearms from the United States as well as
reexports of firearms between foreign countries and transfers of
firearms within foreign countries. It had no effect on the rights of,
or requirements applicable to, owners of firearms within the United
States.
Comment 4: Some commenters asserted that the U.S. Government,
through the Firearms IFR, should not make it difficult for citizens of
other nations to purchase American-made firearms to protect themselves
against crime and violence. Those commenters stated that the Firearms
IFR would stop those individuals from being able to purchase firearms
abroad used for these purposes.
BIS Response: BIS agrees that the Firearms IFR was too restrictive.
Under this rule, BIS will have greater ability to license the export,
reexport, and transfer (in-country) of firearms for foreign persons who
seek to purchase firearms for legitimate purposes.
Promoting/Protecting Human Rights
Comment 5: Many commenters cited human rights considerations as
being an integral part of the export licensing process. These
commenters urged the U.S. Government to do everything in its power to
promote human rights by strengthening its export controls to prevent
U.S.-made firearms from ending up in the hands of individuals with the
potential to commit human rights violations.
BIS Response: Prior to the Firearms IFR, BIS's firearms controls
under the EAR reflected consideration of human rights, as do controls
and related review policies under the EAR that apply to most categories
of items on the CCL. For example, human rights are considered through
the Regional Stability (RS) control policy. As noted elsewhere in this
final rule, 0x5zz items are subject to RS reasons for control, with
limited exceptions (e.g., 0A501.y items), thereby ensuring that it is
possible to account for human rights considerations in reviewing
applications for 0x5zz items under the EAR without additional controls.
Diversion and Misuse
Comment 6: Commenters supported the Firearms IFR's focus on
diversion, stating that violence committed with these firearms in
foreign countries adversely affects U.S. foreign policy; additionally,
these commenters noted that the failure to prevent diversion reduces
respect for the United States and its firearms industry. Other
commenters recommended that BIS publish firearms export and licensing
approval data on an annual basis, including the number of licenses and
firearm types, dollar value and license duration for each country, and
whether the end users are governments, private companies, or
individuals.
BIS Response: BIS's OEE regularly reviews various sources of
information related to the export, reexport, and transfer (in-country)
of 0x5zz items subject to the EAR, including searching for any
indication an EAR-controlled item may have been diverted or used for a
prohibited end use. Additionally, the adoption of new ECCNs permits
generation of foreign trade statistics reports available from the U.S.
Census Bureau, which include export data on ECCNs, as well as
Harmonized Tariff Schedule (HTS) codes, and information available from
various private sector trade data providers. However, pursuant to ECRA,
BIS generally does not publish data that is specific to particular
licenses.
Comment 7: Many commenters supported the new ECCNs included in the
Firearms IFR addressing the diversion risk of firearms. They noted that
the ECCNs would allow BIS to produce appropriate analyses to inform
current and future policies and procedures and allow for more thorough
internal analyses of the items controlled under them.
BIS Response: BIS agrees that the new ECCNs are effective in
enabling OEE to more effectively prioritize enforcement resources in
addressing diversion risks with respect to 0x5zz items. In addition,
removing the new ECCNs could impose additional compliance costs on the
exporting community, which has already expended the resources to adjust
to the new ECCNs. For these reasons, BIS is retaining the new ECCNs.
Foreign Availability
Comment 8: Some commenters expressed the position that restricting
U.S. exports of firearms would have little or no impact on crime in
other countries due to widespread foreign availability of such items
from other foreign countries. Some commenters asserted that China,
Russia, and other foreign countries would benefit financially and
politically as a result of their backfilling foreign markets as U.S.
firearms exporters exit those markets or become less competitive due to
the restrictions imposed pursuant to the Firearms IFR.
BIS Response: BIS acknowledges that many firearms are available for
purchase globally. To address this concern, as well as the impact on
crime, BIS and other U.S. federal regulatory departments and agencies
work with other countries (e.g., through the multilateral export
control regimes such as the Wassenaar Arrangement, or through other
international arrangements, such as the Inter-American Convention
Against the Illicit Manufacturing of and Trafficking in Firearms,
Ammunition, Explosives, and Other Related Materials) to ensure that
appropriate controls are in place for 0x5zz items.
Comment 9: Some commenters suggested that the Firearms IFR
conflicted with Commerce's mission of facilitating commerce for U.S.
companies.
BIS Response: BIS agrees that the Firearms IFR imposed too great a
burden on U.S. exporters, relative to the national security and foreign
policy benefits. For this reason, BIS is rescinding the Firearms IFR
apart from the addition of the four new ECCNs that apply to 0x5zz items
and clarifications and conforming changes.
License Requirements and Review Policy
Comment 10: Commenters expressed concern that the Firearms IFR
placed new and stringent restrictions on 0x5zz items that are not
applied to any other items controlled under the EAR, including more
sensitive items such as missile technology, chemical and biological
weapons, and ``600 series'' military items.
BIS Response: BIS agrees that some of the new restrictions imposed
by the Firearms IFR were overly stringent compared to those applicable
to more sensitive items. After reviewing comments and considering the
EAR's review policies and license application requirements that apply
to a range of items, including the ``600 series'' military items, BIS
has decided to revert the EAR license application requirements and
related review policies for 0x5zz items to those in effect prior to May
30, 2024, the effective date of the Firearms IFR.
Comment 11: One commenter stated that BIS had underestimated the
increase in firearms license applications due to the changes
implemented in the Firearms IFR. The commenter stated that without
added licensing staff and resources, this increased volume of
[[Page 47173]]
license applications might add three to four months to the license
application review process.
BIS Response: BIS agrees that the Firearms IFR resulted in a
diversion of resources from BIS's core mission. BIS is rescinding the
Firearms IFR (apart from the addition of the four ECCNs and
clarifications and conforming changes) so that it can focus its
resources on license applications that involve items of greater
significance for U.S. national security and foreign policy.
U.S. Economy
Comment 12: Many commenters asserted that the Firearms IFR would
harm American businesses and the economy. Many commenters believed that
the Firearms IFR would result in higher prices for 0x5zz items. One
commenter estimated that these pricing increases would cause lost jobs
in the manufacturing, sale, and distribution of 0x5zz items.
BIS Response: BIS agrees that the Firearms IFR negatively affected
the U.S. firearms industry and therefore is rescinding it apart from
the addition of the four ECCNs and clarifications and conforming
changes.
U.S. Firearms Industry
Comment 13: Many commenters asserted that the Firearms IFR placed a
financial burden on American firearms and ammunition manufacturers by
making them ``pay for crimes'' committed by others in foreign
countries. These commenters stated that the Firearms IFR is not about
stopping crime and viewed it instead as a means to harm American
manufacturers.
BIS Response: BIS agrees that the Firearms IFR was economically
counterproductive and therefore is rescinding it (apart from the
addition of the four ECCNs and clarifications and conforming changes).
Comment 14: Many commenters were concerned that the Firearms IFR
would have a negative impact on small businesses associated with
firearms. The commenters stated that many small businesses may have
difficulty understanding or complying with complex regulations,
including those in the Firearms IFR, and that their businesses'
operations could experience major disruptions while undertaking efforts
to ensure compliance.
BIS Response: BIS acknowledges that certain elements of the
Firearms IFR imposed burdens that might particularly impact small
businesses. The deregulatory actions in this final rule will relieve
the burdens on all exporters, reexporters, and transferors, including
small businesses.
B. Comments Specific to the Regulatory Text
New ECCNs for Semi-Automatic Firearms and Certain Related Parts,
Components, Attachments, and Accessories
Comment 15: Some commenters remarked that adding a second unique
number to identify 0x5zz items under the new ECCNs is redundant, while
some commenters stated that the serial number is sufficient for
firearms identification. Those commenters criticized the adoption of
new ECCNs as a new bureaucratic requirement placed on American firearms
companies to track U.S.-made firearms abroad.
BIS Response: BIS does not agree with these commenters. These new
ECCNs provide BIS with increased visibility into 0x5zz exports to
support OEE's efforts in combating diversion risks, which aids BIS in
protecting U.S. national security and foreign policy interests. With
respect to the compliance burden, BIS believes that the one-time
reclassification expenses have already been absorbed by exporters
because the Firearms IFR has been in place for more than a year.
Removing the new ECCNs now would risk imposing additional compliance
costs on the exporting community. For these reasons, BIS is retaining
the new ECCNs.
Comment 16: One commenter criticized the creation of the four new
ECCNs, noting that BIS could have utilized the specific HTS codes for
semi-automatic firearms.
BIS Response: BIS recognizes that an alternative approach would
have been to rely on the HTS codes to distinguish between semi-
automatic and non-automatic firearms. However, based on its experience
in conducting national security investigations under Section 232 of the
Trade Expansion Act of 1962 and in imposing export controls on Russia
and Belarus, BIS is aware that some exporters struggle with identifying
the correct HTS classifications and that many exporters prefer using
ECCNs. Additionally, HTS codes are often broader than ECCNs and may
include items that BIS does not control, leading to confusion and
errors when analyzing export data.
ECCN 0A506
Comment 17: One commenter criticized a list of features used as
criteria for ECCN 0A506, including folding or telescoping stock, pistol
grip, ability to accept a bayonet, flash suppressor, and bipods. The
commenter stated that the preamble of the Firearms IFR mentioned the
Wassenaar Arrangement Munitions List (WAML) was used to identify these
features, but that the controls on semi-automatic rifles under WAML do
not include any specific features as part of the control text; nor did
the USML (prior to the transfer to the CCL pursuant to the January 2020
EAR rule). The commenter stated that the list of control criteria in
this ECCN appears intended to mirror similar features listed in the
federal ``assault weapon'' ban that was in place from 1994 to 2004. In
light of the history under the WAML and the USML, the commenter viewed
the list of features as ``largely cosmetic,'' without providing any
benefit in the licensing review process.
BIS Response: BIS is not retaining the paragraphs containing the
features used as criteria to describe items controlled under ECCN 0A506
because those item-level paragraphs are not a required element in EEI
filings. BIS is retaining revised .a and .b item paragraphs which will
describe the type of ammunition (centerfire or rimfire) used by 0A506
items to allow exporters to continue to complete their conventional
arms reporting requirements through EEI filing in AES without the need
to submit additional documents to BIS as further described in section
III.G of this final rule.
Comment 18: One commenter strongly urged BIS to remove the
Technical Note 2 to 0A506, which controls semi-automatic rifles, and
place it under ECCN 0A507, which controls semi-automatic pistols.
Technical Note 2 describes ``pistols built with, e.g., AR- or AK-style
receivers (frames).'' The commenter stated that ATF definitions of
``Pistol'' and ``Rifle,'' on which industry relies, conflict with
Technical Note 2. A pistol manufactured from an AR- or AK- style frame
is still a pistol according to ATF regulations. The commenter expressed
concern that Technical Note 2 in ECCN 0A506 would lead to potential
confusion and recordkeeping issues for exporters that are accustomed to
ATF definitions.
BIS Response: BIS does not agree. Technical Note 2 exists to inform
exporters that these items are classified under ECCN 0A506, rather than
another ECCN. While BIS did attempt to harmonize the ECCNs with ATF
technical parameters where possible, certain variations remain between
the way the two agencies describe items, given the fact that the
agencies regulate the items for different purposes. However, to aid
exporters in identifying their items, BIS is adding Note 2 to ECCN
0A507 that states firearms, including pistols, built with, e.g. AR- or
[[Page 47174]]
AK-style receivers (frames) are controlled under ECCN 0A506.
ECCN 0A507
Comment 19: In the Firearms IFR, ECCN 0A507 included a Technical
Note that referenced revolvers chambered for the .50 BMG cartridge. One
commenter suggested removing this Technical Note and adding a new
subparagraph for Revolvers, .50 BMG cartridge. The commenter noted that
ATF regulations and the firearm industry at large classify revolvers
and pistols as separate types of firearms. The commenter suggested that
the Technical Note that implies revolvers are a type of pistol could
cause confusion.
BIS Response: BIS does not agree. While BIS understands that other
agencies and industry may classify revolvers differently from pistols,
the purpose of the Technical Note is to inform exporters that specific
revolvers with these technical parameters will be classified under this
ECCN.
ECCN 0A508
Comment 20: ECCN 0A508 included a list of features to identify
semi-automatic shotguns. One commenter stated that these features are
not appropriate for establishing controls over semi-automatic shotguns.
The commenter recommending that barrel length be utilized to determine
whether a shotgun is used for hunting or sporting purposes and urged
BIS to revise ECCN 0A508 so that separate controls would apply to semi-
automatic shotguns used for sporting purposes. In addition, the
commenter requested that BIS revert the CC2 licensing policy for
sporting shotguns so that no license would be required for exports to
A:1 countries, regardless of whether the shotgun is semi-automatic.
BIS Response: Similar to the changes made to ECCN 0A506 (discussed
in response to Comment 18), the item feature paragraphs are removed and
paragraphs .a and .b are retained, with revisions, to continue to allow
exporters to utilize the alternative conventional arms reporting
method. Additionally, BIS is eliminating the Firearms IFR crime control
policy for 0x5zz items as described in this final rule.
ECCN 0A509
Comment 21: One commenter asked BIS to clarify whether accessories
that assist shooters without making a weapon fully automatic, such as
bump stocks, would be controlled under ECCN 0A509. The commenter asked
BIS to revise the text to be more specific regarding the type of
commodity being controlled or add a Technical Note.
BIS Response: ECCN 0A509.a mirrors the text in ECCN 0A501.y, which
has been used with minimal changes since certain 0x5zz items were
transferred to BIS's jurisdiction effective March 2020 with no apparent
classification difficulties. There is a note to 0A509.b and .c. BIS
welcomes the submission of commodity classification requests should
exporters have classification questions.
Changes to Existing 0x5zz ECCNs
Comment 22: A few commenters raised concerns that the new license
requirements in the Firearms IFR will be particularly damaging to U.S.
manufacturers of optical sighting devices, who face stiff competition
from a variety of foreign manufacturers, particularly those in China.
These commenters noted that with the new global license requirement for
these low-technology items, U.S. scope manufacturers would not be able
to meet market demands in a timely manner, thereby creating
opportunities for foreign manufacturers (particularly China) to fill
the void. The commenters stated this creates unfair competition and
tilts the playing field toward foreign-manufactured optics.
BIS Response: In response to these concerns, BIS has revised the
license requirement for optical sighting devices for firearms under
ECCN 0A504 to revert to the pre-Firearms IFR license requirement using
the CC1 reason for control.
License Exception Shipments of Limited Value (LVS)
Comment 23: One commenter urged BIS to reconsider removing
eligibility for the license exception for shipments of limited value
(LVS) for items controlled under the new ECCNs. The commenter's
business caters to individual participants in competition shooting, and
the commenter anticipated that individuals needing a small part or
accessory to maintain competition firearms would not go through the
process of obtaining a license.
BIS Response: Most ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for ECCN 0A506, 0A507, and 0A508
items are still eligible for LVS as they remain controlled under ECCNs
0A501 and 0A502 which have LVS eligibility for certain items. ECCN
0A509 is also revised to allow LVS for certain ``parts,''
``components,'' ``accessories,'' and ``attachments.''
License Exception Baggage (BAG)
Comment 24: Some commenters supported the changes made to License
Exception BAG, including the elimination of BAG to CARICOM countries,
by the Firearms IFR as an effective means of reducing firearms
trafficking and diversion.
Response: Consistent with BIS's effort to eliminate unnecessary
regulatory burdens, the exclusion of CARICOM destinations from BAG
eligibility is removed as described in sections III.B of this preamble.
BIS does not believe there should be a special firearms-related export
control regime that applies uniquely to CARICOM countries. Rather, the
same regime that applies to other countries should apply to CARICOM as
well.
Comment 25: Some commenters stated that the Firearms IFR would
impact hunters by restricting the number of firearms and amount of
ammunition those hunters can bring with them on travel abroad to
participate in hunting expeditions. Additionally, one commenter
asserted that BIS significantly underestimated the increase in annual
license applications.
BIS Response: In the Firearms IFR BIS clarified its intent that
license exception BAG under Sec. 740.14(e) is limited to a total of
three firearms. This has long been BIS's interpretation of paragraph
(e). This clarifying change is retained to aid exporters in identifying
the total number of firearms permitted under this license exception.
Additionally, BIS notes that the Firearms IFR did not change the limit
on ammunition that a traveler may export in a single trip. Finally, BIS
believes that the commenter's license application estimate is an
overestimate because these revisions clarified, rather than modified,
license exception BAG consistent with BIS's longstanding interpretation
of paragraph (e).
Comment 26: With respect to the question BIS posed about imposing a
time limit on the use of license exception BAG, responses were mixed.
Some commenters supported a time limit and further recommended a
tracking mechanism to confirm that firearms exported under license
exception BAG are returned, and others objected to the additional
burden on individuals traveling abroad with firearms for personal use,
including hunters and sport shooters.
BIS Response: BIS did not impose a time limit on BAG in the
Firearms IFR. After consideration of these comments, BIS assesses that
the potential benefits of imposing a specified timeline do not
[[Page 47175]]
justify changes to the BAG license exception.
License Review Policy for Crime Control (CC)
Comment 27: Many commenters supported the changes to the crime
controls in the Firearms IFR and welcomed the application of crime
control measures to all firearms. They remarked that the changes
provide needed additional scrutiny during the license review process
when the importing country has a record of human rights abuses or civil
disorder.
BIS Response: Prior to the Firearms IFR, BIS did not apply a CC
reason for control on certain 0x5zz items that were moved from the USML
to the CCL because these items were already subject to broad NS1, RS1,
and FC controls. In the Firearms IFR, BIS added a worldwide, except for
Canada, CC reason for control. BIS has determined that the CC controls
for 0x5zz items should be revised to reduce unnecessary burdens on
exporters.
Comment 28: One commenter asserted that the new CC policy is a
severe overreaching new policy, which is not supported by U.S.
Government reports, data, or historical exports. The commenter remarked
that it is redundant because human rights concerns have been part of
the BIS license review process since the 2020 transition of firearms
and related items from the ITAR to the EAR. Additionally, the commenter
asserted that the policy forces our most trusted allied countries to
undergo licensing that was not previously required.
BIS Response: As discussed in BIS's response to comments 5 and 25
regarding the CC policy of the Firearms IFR and as human rights
concerns, BIS agrees that the Firearms IFR CC review policy was too
restrictive as well as burdensome for trusted allies and partner
nations and is consequently reverting to the pre-Firearms IFR CC
policy. As a result of these changes, the CC licensing policy for 0x5zz
items (see Sec. 742.7(b)) is revised in this final rule.
License Review Policy for Government and Non-Government End Users
Comment 29: A number of commenters supported a presumption of
denial license review policy for exports to non-government end users in
certain countries. Some of these commenters recommended a worldwide
presumption of denial review policy for exports to non-government end
users. Other commenters objected to the new license review policy for
non-government end users on the grounds that BIS did not adequately
address or provide sufficient evidence regarding the rate of legally
exported firearms to non-government end users being traced to crimes.
BIS Response: The license review policy in this final rule no
longer differentiates between government and non-government end users.
BIS undertakes a thorough license review and imposes appropriate
conditions on licenses regardless of whether the end user is government
or non-government. BIS further assesses that this robust license review
process is sufficient to protect U.S. national security and foreign
policy interests without applying a presumption of denial review policy
to certain countries.
Comment 30: A number of commenters expressed concern that the
Firearms IFR did not adequately address the transfer of firearms to
government end users, asserting that the rule did not mention oversight
mechanisms to protect against the transfer of firearms to military and
police end users implicated in human rights abuses, collusion with
criminal groups, or other violent or destabilizing activity. One
commenter also stated that there is a higher risk of diversion from
exports to certain foreign governments than from exports to non-
government individuals or entities, such as private dealers.
BIS Response: This final rule reverts to the prior license review
policy, which does not distinguish between government and non-
government end users for 0x5zz ECCNs. The existing license review
policies for 0x5zz ECCNs provide BIS and the other license review
agencies with sufficient oversight, as well as with discretion to deny
licenses for military end users, police end users, and any other party
to the transaction implicated in human rights abuses, collusion with
criminal groups, or other violent or destabilizing activity.
Reducing the General License Validity Period
Comment 31: Many commenters supported the reduction in the general
license validity period from four years to one year. They noted that
longer licenses limit the U.S. Government's insight into the changing
circumstances or consequences of prior exports, and that the shorter
validity period would allow for better assessment of the risks
associated with particular exports, as well as considerations regarding
the rapid development of firearms technology. However, some commenters
opposed reducing the general license validity period to one year due to
practical and logistical difficulties including fulfilling import
license application requirements, gathering and executing support
documents, accounting for BIS application processing times, and
satisfying manufacturing allocation requirements.
BIS Response: BIS has determined to revert to the four-year general
license validity period for 0x5zz items. Doing so is appropriate
because BIS has determined that controls for 0x5zz items should not be
more restrictive than those for more sensitive items that are subject
to the EAR, such as the ``600 series'' items, that are subject to a
four-year validity period. BIS retains the ability to issue a license
for less than four years, should it be warranted, and to revoke
existing licenses should changes in circumstances arise.
Comment 32: Some commenters were concerned that an increase in
licensing would occur due to the shorter license validity period and
create administrative burdens for BIS as well as for exporters. These
commenters remarked that BIS severely understated the estimated
increase in license submissions based on these new regulatory
requirements.
BIS Response: BIS agrees with the commenters' concerns regarding
the challenges for industry and the administrative burden for the
government with shorter licensing periods and is reverting to the pre-
Firearms IFR four-year general license validity period, which should
lessen the licensing burden.
Support Document Requirements for Firearms License Application
Comment 33: A number of commenters supported the changes the
Firearms IFR made to the support documents required when submitting a
license application for 0x5zz items. They noted that the changes would
give BIS tools to better assess the intended end user of those items.
However, some commenters said they had noticed inconsistencies in BIS's
requests for additional documentation. One commenter was concerned that
the several amendments to existing licensing procedures, particularly
enhanced documentation requirements, would unduly burden law-abiding
citizens. Commenters concerned about the documentation requirements
urged BIS to avoid imposing bureaucratic hurdles that would deter
compliance or strain government resources.
BIS Response: This final rule does not retain the support document
requirements from the Firearms IFR. However, applicants should
understand that BIS reviews each license application on its own merits
and may require different documentation
[[Page 47176]]
depending on the unique circumstances of each transaction.
Requiring a Purchase Order for Certain Firearms License Applications
Comment 34: A commenter noted the Firearms IFR preamble requires
the inclusion of purchase orders for certain 0x5zz license
applications, while purchase orders are not required for any other CCL
controlled items, including ``600 series'' military items. The
commenter suggested that the purchase order requirement for 0x5zz
license applications is punitive, as it singles out an industry for
additional regulatory burdens, and that it would impede the ability of
U.S. exporters to export and deliver these items in a timely manner.
The commenter stated that the new requirement would make it extremely
challenging for U.S. exporters to compete for foreign government
contracts or commercial business, and resulting delays would damage
their relationships with partners abroad.
BIS Response: This final rule removes the purchase order
requirement because BIS assesses that treating 0x5zz items no more
restrictively than ``600 series'' and 9x515 items is sufficient to
protect national security and foreign policy interests. BIS and the
other license review agencies may request that an applicant provide
purchase orders on a case-by-case basis.
Requiring an Import Certificate as Part of the License Application
Comment 35: One commenter was concerned that the requirement of an
import certificate could effectively ban shipments to private importers
in certain countries where it is expensive for an importer to apply for
an import certificate. This commenter stated that rather than bear
those expenses, an importer would simply purchase from a business or
individual in another country that does not require an import
certificate.
BIS Response: The U.S. Government does not support the export or
reexport of 0x5zz items that are not eligible to be imported into a
foreign country. Not all countries require an import certificate or
equivalent document for 0x5zz items, but for countries or destinations
that do, regardless of the cost, longstanding BIS licensing practices
under the EAR for 0x5zz items require that the country with export
jurisdiction permit the export, and the country of import must permit
the entry of the item. BIS emphasizes that it is in the interest of
exporters of any item, prior to making an export, to determine whether
the item may be imported into the respective country.
Comment 36: One commenter requested that BIS clarify the Import
Authorization (IA) requirement for countries that do not require them.
The commenter also asserted that the request for proof when no IA is
required is outside of the scope of the authority of the EAR because
the EAR includes no requirement for a ``no-need document.'' The
commenter expressed concern that it could be extremely difficult to
obtain the required documents from some foreign governments where no IA
is required.
BIS Response: Section 748.6(e) states, when necessary, BIS may
require the submission of information in addition to information that
is expressly specified in the EAR. However, this final rule reverts to
the prior requirement to submit an import certificate or other
equivalent document only where the destination is an Organization of
American States (OAS) member state, consistent with the OAS Firearms
Convention. Since exporters, reexporters, and transferors will not be
required to submit an import certificate to support applications to
other destinations, no clarification is needed.
Comment 37: One commenter remarked that the required information
under an OAS country import certificate was agreed to among the parties
to the Inter-American Convention Against The Illicit Manufacturing Of
And Trafficking In Firearms, Ammunition, Explosives, And Other Related
Materials, which entered into force July 1, 1998. Because non-OAS
countries did not develop their import certificates in accordance with
this treaty, documents issued by non-OAS countries may not include all
the information listed in Sec. 748.12(c). The commenter requested that
BIS revise the regulatory text of Sec. 748.12 to allow for import
certificates from non-OAS countries that do not include all of the
listed information per Sec. 748.12(c).
BIS Response: BIS agrees that a clarifying edit is warranted. This
final rule revises Sec. 748.12 to state that the document must
contain, as applicable, the information in paragraph (c) to allow for
import certificates that might not contain all of the requested
information in this paragraph.
Comment 38: One commenter noted, with respect to Sec. 748.12(b),
that the issuance of hard copy original documents or certified copies
have significantly decreased with the advent of electronic systems, and
most countries now use online systems similar to BIS's SNAP-R
electronic licensing system. No ``original'' document is issued, and
governments typically do not provide ``certified copies.'' The
commenter requested BIS revise the regulatory text under Sec.
748.12(b) regarding ``original or certified copy'' to include ``or
electronic equivalent document officially issued by the foreign
government import authority'' or amendments to that effect.
BIS Response: BIS agrees that a clarification should be made to
Sec. 748.12 to allow for the use of an electronic equivalent document
officially issued by the foreign government import authority and makes
a revision to the introductory text of Sec. 748.12 in this final rule.
Comment 39: A commenter stated, referencing Sec. 748.12(d)(1) as
revised by the Firearms IFR, that the import certificate descriptions
are often expressed using HTS numbers and related descriptions. Such
certificates may not exactly match the commodity description on the
license application, but they act as authorization for import of those
commodities by the foreign government.
BIS Response: BIS appreciates this information. BIS has determined
to no longer require the submission of import certificates for all
transactions of 0x5zz items and believes this will resolve this issue
in most cases.
Requiring a Passport or National Identity Card for License Applications
Comment 40: Commenters supported the requirement for certain
exporters to provide a passport or national identity card. One
commenter stated that it was pleased that BIS imposed this requirement
solely on license applications for exports directly to individuals in
non-A:1 countries. That commenter said this is a reasonable request
because it is important for BIS to have clear information on the
identity of the individual end user.
BIS Response: This final rule does not retain the passport or
national identity card requirement for license applications. BIS
assesses that it can safeguard U.S. national security and foreign
policy interests without this requirement and therefore has chosen to
remove this burden on exporters.
List of 36 High Risk Destinations
Comment 41: Some commenters suggested that the list of 36 high-risk
destinations should be expanded to include other countries where U.S.
companies export large quantities of firearms used in devastating
violence.
BIS Response: The list of 36 high-risk destinations is being
removed from the EAR by this rule. BIS believes this change is
appropriate because it is unnecessary to apply a presumption of denial
to transactions involving non-government end users in a limited
[[Page 47177]]
number of countries. The National Security (NS) and RS review policies
provide a sufficient opportunity to protect U.S. national security and
foreign policy interests.
Comment 42: A number of commenters asserted that a ``presumption of
denial'' for sales to the 36 high-risk destination countries would
result in an estimated reduction in approximately 7% of sales, which
accounts for around $40 million of the current $600 million in U.S.
firearms exports per year, as non-government end users in these 36
countries would source firearms from exporters in non-U.S. countries.
BIS Response: BIS does not have specific figures to support the
likelihood of how the presumption of denial would harm businesses.
However, BIS is removing the presumption of denial policy for the 36
high-risk destinations identified in the Firearms IFR (along with the
list of these destinations); BIS has determined that its existing
review policies will sufficiently safeguard U.S. national security and
foreign policy interests.
CARICOM License Restrictions
Comment 43: One commenter recommended that BIS delete the
definition of CARICOM from Sec. 772.1 and include CARICOM in
supplement no. 3 to part 742, the High-Risk Destinations list, for
consistency with 742.7(b)(3)(ii). The commenter noted that the list of
the 36 countries included some member countries of CARICOM.
BIS Response: With the removal of the license exception eligibility
limitation for CARICOM from LVS and BAG, it is unnecessary to define
this term in the EAR, and the definition is consequently removed from
Sec. 772.1.
Interagency Working Group
Comment 44: Some commenters supported the creation of the
interagency working group headed by the Department of State. However,
one commenter pointed out that interagency review could increase the
administrative burden on the government in adjudicating license
applications.
BIS Response: BIS has decided to remove the ``Safeguard'' working
group because the existing interagency license review process,
described in Sec. 750.4, provides sufficient opportunity for BIS to
benefit from the expertise of its interagency partners prior to license
issuance.
Congressional and Conventional Arms Reporting Requirement
Comment 45: Some commenters stated that Commerce should reinstate
Congressional notification for certain firearms export licenses and
deny any licenses for which Congress indicates its disapproval.
BIS Response: BIS does not agree with this comment. Such
notifications are not statutorily required. As set forth in ECRA,
Congress has authorized BIS to regulate the export of 0x5zz items and
determine whether that transaction would violate U.S. national security
or foreign policy interests. Putting the responsibility on Congress to
review applications and approve or deny them would consequently be
contrary to ECRA.
Automated Export System (AES) Changes
Comment 46: One commenter was gratified to see BIS's statement that
nearly all exporters have been using the alternative reporting method,
introduce in the January 2020 EAR final rule, and made mandatory in the
Firearms IFR. The commenter stated that the alternative reporting
method is a more efficient way to provide the required information both
for the exporter and for BIS in preparing the conventional arms
reports.
BIS Response: BIS agrees. It is a more efficient way to provide the
required information without imposing an additional burden on the
exporter or the U.S. Government.
Comment 47: One commenter noted that the revised regulatory text of
Sec. 758.1(g)(4)(ii) has two inconsistencies. First, the commenter
pointed out that the sentence references ECCNs ``0A508.a.1, or .a.2.''
However, the descriptors listed in Sec. 758.1(g)(4)(ii)(E) state
``under 0A508, enter .a or .b.'' The commenter notes the first
sentence's inclusion of paragraphs .a.1 and .a.2 is an error and that
the reference to paragraphs .a.1 and .a.2 should be deleted.
BIS Response: BIS thanks this commenter for bringing these points
to the agency's attention and is revising Sec. 758.1 as appropriate.
III. Description of Regulatory Changes
This final rule retains, modifies, or removes, with respect to the
changes made to the EAR by the Firearms IFR, the following EAR
provisions described under Table 1.
Table 1--Identification of Changes Made to Existing EAR Regulatory References To Reflect the Revisions Made After the Firearms IFR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Not changed in
EAR references Firearms IFR changes this rule Changed in this rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Supplement no. 1 to Part 738 Commerce Placed an X in the CC 2 column on the Chart for all .............. Reverts the Chart to pre-Firearms
Country Chart. countries except Canada. IFR, including the pre-Firearms IFR
0x5zz control policy footnote for
Australia and the United Kingdom.
Sec. 740.2(a)(24)................... Required exporter to obtain and provide import .............. Removes (and reserves) paragraph
certification or equivalent document from importing (a)(24).
country prior to using a license exception for 0x5zz
items.
Sec. 740.3(b)....................... Rendered 0x5zz items (except 0A504.g) ineligible for LVS .............. Removes the eligibility restriction
when destined for countries in CARICOM or Country Group for CARICOM and Country Group D:5.
D:5.
Sec. 740.14(e)...................... Added parenthetical to clarify BAG is limited to three X .....................................
firearms or shotguns in total.
[[Page 47178]]
Sec. 740.14(e)(5)................... Limited eligibility to countries other than those in .............. Removes paragraph (e)(5).
CARICOM or in Country Group D:5 (except for Zimbabwe).
Sec. 742.6(b)....................... Restructured paragraph (b)(1)(i) into new paragraphs X .....................................
(b)(1)(i)(A)-(G).
Sec. 742.7(a)....................... Restructured paragraph (a). .............. Revises the structure of paragraph
(a) for clarity;
......................................................... .............. Makes conforming changes to reflect
ECCNs 0A508 and 0A509.
Sec. 742.7(b)....................... Reworded paragraph (b)(1) to apply to new paragraphs .............. Reverts paragraph (b)(1) text to pre-
(a)(1)-(4) created by Firearms IFR. Firearms IFR;
Added paragraph (b)(3) to apply to new paragraph (a)(5), .............. Removes paragraph (b)(3) and note to
along with a related note. paragraph (b)(3) added in Firearms
IFR.
Sec. 742.17(b)...................... Review policy revised to case-by-case when application is .............. Reverts text to pre-Firearms IFR.
supported by an import certificate or equivalent
document issued by the importing country.
Supplement no. 3 to part 742 High-Risk Added list of 36 High-Risk Destinations. .............. Removes (and reserves) the Supplement
Destinations for Firearms and Related and the list of High-Risk
Items. Destinations.
Sec. 743.4(a)....................... Restructured and updated entire section. X .....................................
Sec. 743.6(a) introductory text, Conforming changes for ECCNs 0A506 and 0A507. .............. Removes (and reserves) the section
(a)(1) and (2), (b), and (c). regarding Congressional notification
for export of certain semi-automatic
firearms.
Sec. 748.8(z)....................... Changed text ``Semiautomatic firearms controlled under X .....................................
ECCN 0A501.a'' to ``Firearms''.
Sec. 748.12(a), (d), and (e)........ Changed import certificate or import permit requirements .............. Reverts text to pre-Firearms IFR;
for firearms controlled under 0x5zz; Revises text to allow electronic
documents;
Keeps new wording for OAS description
in paragraph (a)(2).
Supplement no. 2 to part 748, Revised paragraph (aa) to reflect expanded license .............. Removes paragraph (aa).
paragraph (aa) and (bb). application requirements.
Conforming edit to redesignate former paragraph (aa) as .............. Redesignates paragraph (bb) as (aa)
(bb). due to the removal of paragraph
(aa).
Sec. 750.4(d)(2)(v)................. Added ``The Safeguard'' Working Group. .............. Removes ``The Safeguard'' Working
Group.
Sec. 750.7(g)....................... One-year validity period for 0A5zz ECCNs. .............. Reverts text to pre-Firearms IFR.
Sec. 758.1(g)(4)(ii)................ Conforming changes for ECCNs 0A506, 0A507, 0A508, and .............. Adds clarifying edits to correct non-
0A509. substantive errors.
Sec. 772.1.......................... Addition of CARICOM definition. .............. Removes CARICOM definition.
ECCN 0A501............................ Conforming changes for ECCNs 0A506, 0A507, 0A508, 0A509, .............. Removes CC control;
under the heading. Revises Special Conditions for STA.
0A506, 0A507, 0A508, 0A509, and 0A509.a or .c under the
Related Controls paragraphs as applicable.
0A509.b or .c under Note 5 to 0A501.e.
0A506 and 0A507 under Technical Note to 0A501.c.
0A506, 0A507, and 0A509 under 0A501.x.
0A506 and 0A507 under 0A501.y.
0A509.b or .c under Note 5 to 0A501.e.
Applied CC 2 controls on entire ECCN except 0A501.y.
[[Page 47179]]
ECCN 0A502............................ Conforming changes for ECCNs 0A508 and 0A509 under the .............. Reverts CC control to pre-Firearms
heading; IFR;
0A506, 0A507, 0A508, and 0A509 under Related Controls Revises Special Conditions for STA.
paragraphs as applicable;
Removed CC controls for specific barrel length and end
user and applied CC 2 control on entire ECCN.
ECCN 0A504............................ Applied CC 2 controls to entire ECCN. .............. Reverts CC control to pre-Firearms
IFR;
ECCN 0A505............................ Conforming changes for ECCNs 0A506 and 0A507 under .............. Reverts CC control to pre-Firearms
0A505.a. IFR;
0A506, 0A507, and 0A508 under 0A505.d. Revises Special Conditions for STA.
Applied CC 2 control to 0A505.a, .b, and .x.
ECCN 0A506............................ New ECCN. .............. Removes CC control;
Revises Special Conditions for STA;
Revises item paragraphs.
ECCN 0A507............................ New ECCN. .............. Removes CC control;
Revises Special Conditions for STA;
Adds a clarifying note.
ECCN 0A508............................ New ECCN. .............. Reverts CC control to pre-Firearms
IFR;
Revises item paragraphs.
ECCN 0A509............................ New ECCN. .............. Revises NS, RS, CC, and AT to apply
pre-Firearms IFR controls;
Revises Special Conditions for STA;
Revises LVS to apply pre-Firearms IFR
license exception.
ECCN 0D501............................ Conforming changes for ECCNs 0A506, 0A507, and 0A509 .............. Removes CC control;
under the heading. Revises Special Conditions for STA.
Applied CC 2 control to ECCN.
ECCN 0D505............................ Applied CC 2 control to ``software'' for 0A505.a, .b, and .............. Removes CC control;
.x. Revises Special Conditions for STA.
ECCN 0E501............................ Conforming changes for ECCNs 0A506, 0A507, and 0A509 .............. Removes CC control;
under the heading, 0E501.a, and .b. Revises Special Conditions for STA.
Applied CC 2 control to ECCN.
ECCN 0E502............................ Conforming changes for ECCNs 0A508 and 0A509 under the .............. Reverts CC control to pre-Firearms
heading. IFR;
Applied CC 2 control to ECCN. Updates ECCN heading.
ECCN 0E504............................ Applies CC 2 control to ECCN. .............. Removes CC control;
Revises Special Conditions for STA.
ECCN 0E505............................ Applies CC 2 control to ECCN. .............. Reverts CC control to pre-Firearms
IFR;
Revises Special Conditions for STA.
Sec. Sec. 732.2(b); 734.7(c); Conforming changes for new ECCNs. X .....................................
740.2(a)(21) and; (23); 740.9(a),
(b), and (b)(5); 740.9(b)(5)(ii);
740.9, Note 1 to paragraph (b)(5);
740.10(b)(1) and (b)(4);
740.10(b)(4)(i); 740.10, Note 1 to
paragraph (b)(4); 740.11;
740.14(e)(1); 740.14(e)(1)(i);
740.14(e)(3); 740.14(e)(3)(i);
740.14(e)(3)(iv); 740.14(e)(4);
740.20(b)(2)(ii)(A);
740.20(b)(2)(ii)(B); 742.6(b); 742.7;
742.17(f); 743.4(c) (redesignated as
paragraph (b)); 748.12(a), (d), and
(e); Supplement no. 2 to part 748,
paragraph (z); Supplement no. 2 to
part 748, Note 1 to paragraph (z);
758.1(b)(9), Note 1 to paragraph
(c)(1), and (g)(4)(i); 758.10(a)
introductory text, Note 1 to
paragraph (b)(1), and Note 2 to
paragraph (b)(2); 758.11(a) and
(b)(2); 762.2(a)(11); 762.3(a)(5),
ECCN 0B501; and ECCN 2B018.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 47180]]
A. ECCNs for Firearms and Certain Related Parts, Components,
Attachments, and Accessories
Overview of the Firearms IFR 0x5zz ECCNs
Prior to the Firearms IFR, ECCN 0A501 controlled rifles, pistols,
and related ``parts,'' ``components,'' and certain ``attachments,'' and
``accessories'' on the CCL, while ECCN 0A502 controlled shotguns and
related ``parts,'' ``components,'' and certain ``attachments,'' and
``accessories.'' Neither ECCN distinguished between non-automatic and
semi-automatic firearms, and BIS was unable to readily disaggregate
licensing and export data to efficiently evaluate information that is
useful to assess the risk of diversion.
To better allow BIS to evaluate exports, reexports, or transfers
(in-country) for diversion concerns of different types of 0x5zz items,
the Firearms IFR added four new ECCNs to the CCL. ECCN 0A506 controls
semi-automatic rifles, ECCN 0A507 controls semi-automatic pistols, ECCN
0A508 controls semi-automatic shotguns, and ECCN 0A509 controls certain
``parts,'' ``components,'' devices, ``accessories,'' and
``attachments'' for items controlled under ECCNs 0A506, 0A507, and
0A508. BIS is retaining the four new ECCNs in this final rule because
they enable BIS to better prioritize enforcement resources in
mitigating firearms diversion risks.
When the Firearms IFR added the new ECCNs for 0A506 and 0A508,
those ECCNs included paragraphs that identified specific features or
accessories (e.g., folding, telescoping, or collapsible stock; separate
pistol grips; or a flash suppressor). In its review of the Firearms
IFR, and bolstered by public comments, BIS has determined that these
paragraphs are unnecessary and do not provide any benefit in preventing
diversion. BIS is maintaining only the item paragraphs a. and .b in
these ECCNs. For ECCN 0A506, paragraph .a will describe semi-automatic
centerfire (non-rimfire) rifles equal to .50 caliber (12.7 mm) or less,
and paragraph .b will describe semi-automatic rimfire rifles equal to
.50 caliber (12.7 mm) or less. For ECCN 0A508, paragraph .a will
describe semi-automatic centerfire (non-rimfire) shotguns, and
paragraph .b will describe semi-automatic rimfire shotguns. As a result
of these revisions, ECCNs 0A506, 0A507, and 0A508 will use standardized
and simplified item paragraph descriptions, which will make it easier
for exporters to correctly identify their items.
ECCN 0A507 is also revised by adding note 2 to clarify that items,
including pistols, built with, e.g., AR- or AK-style receivers (frames)
are controlled under ECCN 0A506. Other agencies and exporters might
identify these items as pistols; BIS controls them under ECCN 0A506
along with semi-automatic rifles. This note will help exporters
correctly identify their items.
BIS revises ECCNs 0A506 and 0A507 to remove the crime control
reason for control from these ECCNs, thereby returning the items
controlled under them to the control level in place prior to the
Firearms IFR (i.e., under ECCN 0A501). This final rule also revises
ECCN 0A508 to apply the pre-Firearms IFR crime control to shotguns of
different lengths and end users: for shotguns with a barrel length less
than 24 inches (60.96 cm), CC 1 is applied; for shotguns with a barrel
length greater than or equal to 24 inches (60.96 cm) regardless of end
user, CC 2 is applied; and for shotguns with a barrel length greater
than or equal to 20 inches (60.96 cm) for sale or resale to police or
law enforcement, CC 3 is applied.
To assist exporters in understanding license exception
availability, BIS revises the special conditions for License Exception
STA in ECCNs 0A506, 0A507, and 0A508 to provide the limitations in the
ECCNs that were in paragraphs 740.20(b)(2)(ii)(A) and (B) of STA for
items controlled in ECCNs 0A501 and 0A502 and in the entry for 0A501 on
the CCL prior to the Firearms IFR.
BIS is also revising ECCN 0A509, which controls items that were
controlled under ECCNs 0A501 and 0A502 prior to the Firearms IFR. These
two ECCNs had different reasons for control prior to the Firearms IFR.
To apply the pre-Firearms IFR reasons for control for items previously
classified under ECCN 0A502, the reasons for control of ECCN 0A509 are
revised by excluding the following items from the NS, RS, and AT
reasons for control: item paragraph .a for items for ECCNs 0A502 or
0A508, and item paragraph .d. Similarly, the CC reason for control that
was applied to items that were controlled under 0A502 prior to the
Firearms IFR is applied to paragraph 0A509.a for items related to 0A502
or 0A508, and paragraph 0A509.d. Special Conditions for STA are also
revised to apply STA for this ECCN in the manner that was applied under
0A501 and 0A502 prior to the Firearms IFR.
This final rule also corrects an error in ECCN 0A509 in the related
controls list, number 7, that references item paragraph .c rather than
the correct reference to paragraph .d, when describing ``parts'' and
``components'' that are not controlled for semi-automatic shotguns in
this entry. ECCN 0A509 is also revised to include LVS list-based
license exception eligibility for certain ``parts,'' ``components,''
``devices,'' ``accessories,'' and ``attachments'' for items previously
controlled under ECCNs 0A501 and 0A502, consistent with license
exception eligibility for certain 0A501 and 0A502 items prior to the
Firearms IFR. Specifically, this final rule adds a $500 LVS license
exception for 0A509.a, and a $500 LVS license exception for 0A509.b,
.c, and .d if the ultimate destination is Canada.
Revisions to the EAR for ECCNs 0A506, 0A507, 0A508, and 0A509
ECCN 0A506 is revised by this final rule by removing the text `CC
applies to entire entry' and `CC Column 2' from the control table. This
ECCN is further revised by removing item paragraphs .a.1 through .a.6.
This final rule revises paragraph 0A506.a to read `semi-automatic
centerfire (non-rimfire) rifles equal to .50 caliber (12.7 mm) or
less.' Paragraph 0A506.b is revised by this final rule to read `semi-
automatic rimfire rifles equal to .50 caliber (12.7 mm) or less.'
Special conditions for STA in ECCN 0A506 are added to the reasons for
control section with the text `License Exception STA may not be used
for ECCN 0A506, to any of the destinations listed in Country Group A:5
or A:6 (See supplement no.1 to part 740 of the EAR).'
ECCN 0A507 is revised by this final rule by removing the text `CC
applies to entire entry' and `CC Column 2' from the control table. A
new Note 2 to 0A507 is added with the text `Firearms, including
pistols, built with, e.g., AR- or AK-style receivers (frames) are
controlled under ECCN 0A506.' Special conditions for STA in ECCN 0A507
are added to the reasons for control section with the text `License
Exception STA may not be used for ECCN 0A507, to any of the
destinations listed in Country Group A:5 or A:6 (See supplement no.1 to
part 740 of the EAR).'
ECCN 0A508 is revised by this final rule by removing the text `CC
applies to entire entry' and `CC Column 2' from the control table. A
new row after the FC row is added with the text `CC applies to shotguns
with a barrel length less than 24 in. (60.96 cm) and shotgun
``components'' controlled by this entry regardless of end user' is
added under the control(s) column and `CC Column 1' under the country
chart column. After this row, a new row is added with the text `CC
applies to shotguns with a barrel length greater than or equal to 24
[[Page 47181]]
in. (60.96 cm), regardless of end user' under the control(s) column and
`CC Column 2' under the country chart column. A final new row is added
above the UN row with the text `CC applies to shotguns with a barrel
length greater than or equal to 24 in. (60.96 cm) if for sale or resale
to police or law enforcement' under the control(s) column and `CC
Column 3' under the country chart column.
This final rule also revises ECCN 0A508 by removing item paragraphs
a.1 through a.6; paragraph 0A508.a is revised to read `semi-automatic
centerfire (non-rimfire) shotguns,' and paragraph 0A506.b is revised to
read `semi-automatic rimfire shotguns.' Special conditions for STA in
ECCN 0A508 are added to the reasons for control section with the text
`License Exception STA may not be used for any shotguns with barrel
length less than 18 inches controlled in 0A508, to any of the
destinations listed in Country Group A:5 or A:6 (See supplement no.1 to
part 740 of the EAR).'
ECCN 0A509 is revised by this final rule by removing the text `CC
applies to entire entry' and `CC Column 2' from the control table and
replacing it with `CC applies to 0A509.a for items for ECCN 0A502 or
ECCN 0A508, and 0A509.d' under the control(s) column and `CC Column 1'
under the country chart column.' The control table is further revised
by adding the text `except 0A509.a for items for ECCN 0A502 or ECCN
0A508, and 0A509.d' after the word `entry' in the NS, RS, and AT rows
under the control(s) column. This final rule replaces `.c' with `.d' in
item number seven in the related controls list. The ECCN is revised by
adding a list based license exception with the text `LVS: $500 for
0A509.a, $500 for 0A509.b, .c, and .d if the ultimate destination is
Canada.' Special conditions for STA in ECCN 0A509 are added to the
reasons for control section with the text `License Exception STA may
not be used for ECCN 0A509, except for 0A509.a for items for ECCN 0A502
or ECCN 0A508, and 0A509.d, to any of the destinations listed in
Country Group A:5 or A:6 (See supplement no.1 to part 740 of the EAR).'
Finally, a clarifying revision is made to Note 1 to 0A509.b and .c by
adding a sentence to the end of the note to specify that `For 0A509.c,
receivers (frames) includes chassis ``components'' that serve as the
legal firearm (i.e., with modern pistols, the chassis itself is the
serialized firearm).'
Overview of the Existing 0x5zz ECCNs
In the Firearms IFR, BIS reevaluated the reasons for control for
rifles, pistols, shotguns, ammunition, and related ``parts,''
``components,'' ``accessories,'' ``attachments,'' ``software,'' and
``technologies'' detailed under existing ECCNs 0A501, 0A502, 0A504,
0A505, 0D501, 0D505, 0E501, 0E502, 0E504, and 0E505, and applied CC
column 2-based controls on most items under these ECCNs. Certain
specific ``parts'' and ``components'' and ammunition controlled under
ECCNs 0A501.y, 0A505.c, and 0A505.d continued not to be controlled for
CC reasons. In this final rule, BIS has reassessed the appropriate
controls to minimize burdens on exporters to the extent possible. BIS
revises the crime control for the existing 0x5zz ECCNs by returning it
to its application prior to the Firearms IFR.
Changes to the Existing 0x5zz ECCNs
Prior to the Firearms IFR, crime control was not applied to ECCN
0A501. In this final rule, BIS removes crime control from the reason
for control from the ECCN. This revision is in keeping with the BIS
policy to ensure that appropriate controls are in place for 0x5zz
items; notably, NS, RS, FC, UN, and AT reasons for control remain
applicable to 0A501. This revision returns 0A501 to its pre-Firearms
IFR control.
Prior to the Firearms IFR, either CC Column 1, CC Column 2, or CC
Column 3 of supplement no. 1 to part 738 (Commerce Country Chart)
applied to shotguns controlled under ECCN 0A502 based on the barrel
length and particular end user (specifically, police or law
enforcement). The Firearms IFR revised the CC reasons for control on
0A502 by applying CC Column 2 to the entire entry of 0A502 regardless
of barrel length or end user. This final rule revises the crime control
for ECCN 0A502 to apply the control in place prior to the Firearms IFR
as follows: for shotguns with a barrel length less than 24 inches
(60.96 cm), CC 1 is applied; for shotguns with a barrel length greater
than or equal to 24 inches (60.96 cm) regardless of end user, CC 2 is
applied; and for shotguns with a barrel length greater than or equal to
24 inches (60.96 cm) for sale or resale to police or law enforcement,
CC 3 is applied.
Additionally, to assist exporters in understanding license
exception availability, BIS revises the special conditions for STA in
ECCNs 0A501, 0A502, 0A505, 0D501, 0D505, 0E501, 0E504, and 0E505 to
state more clearly the limitations in the ECCNs that were in paragraphs
740.20(b)(2)(ii)(A) and (B) of License Exception STA or in the relevant
ECCNs prior to the Firearms IFR. As a result of these changes, the
applicable limitations on STA availability for these ECCNs are now set
forth in the special conditions section of each ECCN.
The Firearms IFR also changed the crime controls for firearm-
related items by revising ECCN 0A504, optical sighting devices for
firearms, and ECCN 0A505, ammunition, by applying CC Column 2 to those
ECCNs. This final rule revises ECCN 0A504 by reverting the crime
control to CC Column 1.
This final rule also revises ECCN 0A505 by removing items 0A505.a
and . x from the CC control and reverting the CC control from CC Column
2 to CC Column 1. Both of these revisions restore the reasons for
control that had applied prior to the Firearms IFR.
The Firearms IFR also applied CC 2 to ECCNs 0D501 (for the entire
entry except ``software'' for commodities in ECCN 0A501.y or equipment
in ECCN 0B501 for commodities in ECCN 0A501.y), 0D505 (this control was
not correctly reflected in ECCN 0D505 in the Code of Federal
Regulations due to an inadvertent error), 0E501, 0E502, 0E504, and
0E505 (for ``technology'' for the ``development'' or ``production'' of
commodities in 0A505.b). This final rule restores the reasons for
control for these ECCNs to those that were in place prior to the
Firearms IFR. For ECCN 0E502 and 0E505 (for ``technology'' for the
``development'' or ``production'' of commodities in 0A505.b), the
reason for control is revised from CC2 to CC1. For ECCNs 0D501, 0D505,
0E501, 0E504, and 0E505 (for ``technology'' for the ``development'' or
``production'' of commodities in 0A505.a or .x), the CC2 reason for
control is removed.
The changes described in section III.A of this preamble, including
the changes to both the new and existing 0x5zz ECCNs, are expected to
result in a decrease of 1200 license applications received annually by
BIS.
Revisions to the EAR for Existing 0x5zz ECCNs
This final rule revises the control tables for ECCNs 0A501, 0A502,
0D501, 0D505, 0E501, and 0E504 by removing the row with the text `CC
applies to entire entry' in the control(s) column and `CC Column 2' in
the Country Chart column from all of these ECCNs.
ECCN 0A501 is amended by this final rule by revising the text
specifying the special conditions for STA to read as follows: `License
Exception STA may not be used for ECCN 0A501.a, .b, .c, .d, or .e, to
any of the destinations listed in Country Group A:5 or A:6 (See
supplement no.1 to part 740 of the EAR). License Exception STA may not
be used for any item in this entry to any
[[Page 47182]]
of the destinations listed in Country Group A:6 (See Supplement No.1 to
part 740 of the EAR).' Finally, this rule makes a clarifying revision
to ECCN 0A501 by adding Technical Note 3 to 0A501 to specify that blank
firing adapters, which are attachments to semi-automatic and automatic
firearms used in conjunction with blank cartridges for safety and
functional reasons and used for firearm training purposes by police,
military, sporting shooters, as well as in the movie industry, are
designated as EAR99.
This final rule revises ECCN 0A502 by adding a new row after the FC
row with the text `CC applies to shotguns with a barrel length less
than 24 in. (60.96 cm) and shotgun ``components'' controlled by this
entry regardless of end user' is added under the control(s) column and
`CC Column 1' under the country chart column. Specifically, a new row
is added with the text `CC applies to shotguns with a barrel length
greater than or equal to 24 in. (60.96 cm), regardless of end user'
under the control(s) column and `CC Column 2' under the country chart
column. A final new row is added above the UN row with the text `CC
applies to shotguns with a barrel length greater than or equal to 24
in. (60.96 cm) if for sale or resale to police or law enforcement'
under the control(s) column and `CC Column 3' under the country chart
column. Special conditions for STA are added to the reasons for control
section with the text `License Exception STA may not be used for any
shotguns with barrel length less than 18 inches controlled in 0A502, to
any of the destinations listed in Country Group A:5 or A:6 (See
supplement no.1 to part 740 of the EAR).'
This final rule revises the reason for control table for ECCN 0A504
by replacing the number `2' with the number `1' in the country chart
column for the CC row.
This final rule also revises ECCN 0A505 by replacing the number `2'
with the number `1' in the country chart column for the CC row. The CC
row is further revised by removing the text `.a, ' and `, and .x' from
the control(s) column. Additionally, ECCN 0A505 is amended by this
final rule by revising the text specifying the special conditions for
STA to read as follows: `License Exception STA may not be used for ECCN
0A505, to any of the destinations listed in Country Group A:6 (See
supplement no.1 to part 740 of the EAR).'
This final rule revises the text specifying the special conditions
for STA in ECCN 0D501 to read as follows: `License Exception STA may
not be used for any ``software'' in ECCN 0D501, to any of the
destinations listed in Country Group A:6 (See supplement no.1 to part
740 of the EAR).'
ECCN 0D505 is amended by this final rule by revising the text
specifying the special conditions for STA to read as follows: `License
Exception STA may not be used for any ``software'' in ECCN 0D505, to
any of the destinations listed in Country Group A:6 (See supplement
no.1 to part 740 of the EAR).
This final rule revises the text specifying the special conditions
for STA in ECCN 0E501 to read as follows: `License Exception STA may
not be used for any ``technology'' in ECCN 0E501, to any of the
destinations listed in Country Group A:6 (See supplement no.1 to part
740 of the EAR).'
This final rule revises the control table for ECCN 0E502 by
replacing the `2' after `CC Column' in the Country Chart row with a
`1.'
ECCN 0E504 is revised by adding special conditions for STA with the
text `License Exception STA may not be used for any ``technology'' in
ECCN 0E504, to any of the destinations listed in Country Group A:5 or
A:6 (See supplement no.1 to part 740 of the EAR).' The control table
for ECCN 0E505 is revised by replacing the number `2' with the number
`1' in the country chart column for the CC row. The CC row is further
revised by removing the text `.a, ' and `, and .x' from the control(s)
column. This final rule also places double quotes around the word
`equipment' where it appears in the NS and RS rows in the control table
for ECCN 0E505. Additionally, the text specifying the special
conditions for STA is revised to read as follows: `License Exception
STA may not be used for any ``technology'' in ECCN 0E505, to any of the
destinations listed in Country Group A:6 (See supplement no.1 to part
740 of the EAR).
EAR Conforming Changes To Reflect the Firearms IFR 0x5zz ECCNs for
Semi-Automatic Firearms and Semi-Automatic Shotguns
With the exception of those commodities controlled under new ECCNs
0A506, 0A507, 0A508, and 0A509 as described above, all firearms,
shotguns, and their ``parts,'' ``components,'' ``accessories,''
``attachments,'' and equipment remain controlled under ECCNs 0A501 and
0A502 on the CCL. With BIS maintaining the four new ECCNs, this final
rule retains the conforming changes made throughout the EAR pursuant to
the Firearms IFR referencing these new ECCNs where ECCNs 0A501 and
0A502 were referenced prior to the Firearms IFR. These conforming
changes ensure that the semi-automatic versions of end-item firearms
and shotguns controlled under ECCNs 0A506, 0A507, and 0A508, as well as
the commodities controlled under ECCN 0A509, will continue to be
subject to the same licensing restrictions and limitations on license
exception availability as non-automatic firearms, shotguns, and related
items.
B. Changes to License Exceptions and License Review Policies
Overview of the Changes to the Use of License Exceptions
Section 740.2 of the EAR details restrictions in place on the use
of all License Exceptions. Paragraph (a) enumerates these restrictions.
The Firearms IFR made two changes to this section. With the addition of
the CC control under ECCNs 0A501, 0A506, and 0A507, the Firearms IFR
revised the general restriction on the use of license exceptions under
Sec. 740.2(a)(4)(iii) to remove a parenthetical that could be read to
limit the use of License Exception BAG to only certain shotguns and
shotgun shells for personal use. BIS maintains this clarifying
revision.
The Firearms IFR added paragraph (a)(24) to Sec. 740.2 as part of
the requirement for exporters to obtain a copy of an import certificate
or equivalent document (if required by the government of the importing
country) in order to use any license exception for items controlled
under ECCNs 0A501, 0A502, 0A504, 0A505, 0A506, 0A507, 0A508, or 0A509.
This final rule removes this requirement based on BIS's determination
that it is unnecessary. However, BIS will continue to include the pre-
Firearms IFR standard rider on 0x5zz item licenses in situations in
which an import certificate or equivalent document must be obtained if
required by the importing country prior to using the license. While
this change should reduce the burden on exporters, it is likely to be
negligible and is not expected to change the burden hours for
exporters, because exporters should have an existing process to
identify when an import certificate or equivalent document is required
by the importing country.
The revision to Sec. 740.2 is consistent with BIS's overall
approach in this final rule to reduce the regulatory burden on the
American people and industry.
Revisions to the EAR
This final rule removes and reserves paragraph Sec. 740.2(a)(24).
[[Page 47183]]
License Exception LVS
License Exception LVS is detailed under Sec. 740.3. In this final
rule, BIS is revising the Firearms IFR destination eligibility
restrictions for LVS under paragraph (b). Specifically, as amended by
the Firearms IFR, LVS was made unavailable for commodities controlled
under 0x5zz ECCNs (except 0A504.g) for destinations in CARICOM or
Country Group D:5. This final rule removes the license exception
eligibility destination restriction for CARICOM and Country Group D:5
and returns this paragraph to its pre-Firearms IFR text. BIS has
assessed that a restriction on the use of LVS for destinations in
CARICOM and Country Group D:5 is not necessary to protect U.S. national
security and foreign policy interests. Should a country assess that
more restrictive controls are necessary, its own import restrictions
can address those concerns. This revision is in keeping with BIS's
commitment to remove unnecessary regulations that impose a burden on
U.S. companies and the American people. License Exception LVS remains
available only for certain commodity ECCNs. This change is expected to
decrease the number of annual license applications by 500.
License Exception BAG
License Exception BAG is detailed under Sec. 740.14. License
Exception BAG authorizes individuals leaving the United States either
temporarily (i.e., traveling) or longer-term (i.e., moving) and crew
members of exporting or reexporting carriers to take, as personal
baggage, certain items. The Firearms IFR revised Sec. 740.14 such that
destination eligibility under License Exception BAG for items
controlled under ECCNs 0A501, 0A502, 0A504, 0A505, 0A506, 0A507, 0A508,
and 0A509 is limited to destinations other than those specified in
Country Group D:5 (except for Zimbabwe) or in CARICOM by adding
paragraph (e)(5). For the reasons described in the revision to LVS, BIS
has determined that it is unnecessary to retain these destination
eligibility restrictions on the use of BAG. Eliminating these
restrictions is also consistent with BIS's general approach in this
final rule to remove burdensome and unnecessary regulations. In Sec.
740.14, paragraph (e)(5) is therefore removed by this final rule. BIS
will continue to consider the risk that 0x5zz items will be diverted or
misused in any destination and will take enforcement action when
appropriate.
The Firearms IFR revised Sec. 740.14 to clarify that there is a
limit to the number of firearms that an individual may export using
license exception BAG to three firearms in total. Under paragraph (e),
this has been BIS's longstanding interpretation. The Firearms IFR's
clarification to license exception BAG, which assists exporters in
understanding this license exception, is not changed by this final
rule. BIS's interpretation of this license exception also remains
unchanged. BIS does not anticipate a change in the number of annual
license applications received by BIS.
Revisions to the EAR for LVS and BAG
This rule revises Sec. 740.3(b) by removing the text `however,
License Exception LVS is not available for 0x5zz items (except 0A504.g)
when destined for countries in ``CARICOM'' or countries in Country
Group D:5.' In addition, Sec. 740.14, paragraph (e)(5) is removed.
With the removal of all references to CARICOM from Sec. Sec. 740.3
and 740.14, this final rule also revises Sec. 772.1 by removing the
definition of the term.
Overview of the Changes to the License Review Policies
As part of the BIS effort to review firearms-related policies and
address concerns related to misuse or diversion contrary to U.S.
national security and foreign policy interests, including diversion to
entities or activities that promote regional instability, abuse or
violate human rights, and/or fuel criminal activities, the Firearms IFR
identified two control policies for revision. The Firearms IFR revised
the license review policies under the RS and CC sections in part 742 of
the EAR. This final rule revises the license review policy provisions
of the Firearms IFR described below. Consistent with these more
streamlined review policies, BIS will continue to consider the risk
that 0x5zz items will be diverted or misused in a manner that would
adversely impact U.S. national security or foreign policy.
Revisions to the RS License Review Policy
The RS license review policy is detailed under Sec. 742.6. In
Sec. 742.6, the Firearms IFR made conforming changes to paragraph (b)
for the addition of the new ECCNs, as well as several structural
changes to paragraph (b)(1)(i) to make the paragraph more readily
understandable. This final rule maintains those conforming and
structural revisions to Sec. 742.6.
Revisions to CC License Review Policy
The Firearms IFR also revised the paragraph structure of the CC
license review policy detailed under Sec. 742.7. This final rule
revises Sec. 742.7 by placing the paragraphs referencing firearms in
sequential order under paragraphs (a)(1) through (3). This final rule
revises Sec. 742.7(a)(1) by adding a reference to ECCNs 0A502, 0A504,
0A505, 0A508, 0A509, 0A982, 0E502, and 0E505. This final rule revises
these ECCNs to apply the pre-Firearms IFR CC 1 control, and they are
therefore added to this paragraph. Paragraphs (a)(2) and (a)(3) are
revised to describe the application of the pre-Firearms IFR CC 2 and CC
3, respectively, for certain items and end users. In Sec. 742.7,
former paragraphs (a)(2), (3), and (4) are redesignated as paragraphs
(a)(4), (5), and (6), respectively with no other revisions. Finally,
paragraph 742.7(a)(5), added by the Firearms IFR, detailed items
specific to certain firearms, shotguns, and related items, and crime
control and detection instruments and equipment and related
``technology'' and ``software'' identified in the appropriate ECCNs on
the CCL under CC Column 2 in the Country Chart column. This text is
removed by this final rule.
Removal of the License Review Policy for Government and Non-Government
End Users
The Firearms IFR restructured Sec. 742.7(b) by adding a new
paragraph (b)(3) to describe the license review policies for government
and non-government end users for items controlled by paragraph (a)(5).
This final rule removes the license review policy differentiating
between government and non-government end users and removes Sec.
742.7(b)(3) because it is not necessary to impose these conditions on
the license review process to protect U.S. national security and
foreign policy interests. The license review policies for 0x5zz ECCNs
existing prior to the Firearms IFR already provide enough discretion
for BIS and its interagency partners to deny licenses for military and
police end users, as well as any other party to the transaction,
implicated in human rights abuses, collusion with criminal groups, acts
of instability or violence, or other actions that pose national
security or foreign policy harm. BIS also emphasizes that the existing
RS license review policy, in place prior to the Firearms IFR, imposes a
presumption of denial for those types of end users. Additionally, BIS
takes into account that 0x5zz items are commercial items that are sold
through commercial channels, and that they are used for civil
applications as well as certain government end uses (e.g., law
enforcement) but are not designed for military use. Therefore, BIS
notes that
[[Page 47184]]
controls should be proportionate to the intended use of these
commercial items and removes the review policy for government and non-
government end users in this final rule.
Revisions to the EAR License Review Policies
In this final rule, Sec. 742.7(a)(1) is revised by adding the text
`0A502 (for shotguns with a barrel length less than 24 inches and
shotgun ``parts'' and ``components''), 0A504, 0A505.b, 0A508 (for
shotguns with a barrel length less than 24 inches and shotgun ``parts''
and ``components''), 0A509.a (for items for ECCN 0A502 or ECCN 0A508),
0A509.d,' before 0A977 and `0E502, 0E505 (``technology'' for
``development'' or for ``production'' of buckshot shotgun shells
controlled under ECCN 0A505.b),' before 0E977 in the list of ECCNs.
Paragraph (a)(2) to Sec. 742.7 is revised to read `shotguns with a
barrel length greater than or equal to 24 inches, identified in ECCN
0A502 or 0A508 on the CCL under CC Column 2 in the Country Chart column
of the ``License Requirements'' section regardless of end user to
countries listed in CC Column 2 (supplement no. 1 to part 738 of the
EAR).' Section 742.7(a)(3) is revised to read `Shotguns with barrel
length greater than or equal to 24 inches, identified in ECCN 0A502 or
0A508 on the CCL under CC Column 3 in the Country Chart column of the
``License Requirements'' section only if for sale or resale to police
or law enforcement entities in countries listed in CC Column 3
(supplement no. 1 to part 738 of the EAR).' Section 742.7(a)(4) is
revised to read `Items designed for the execution of human beings as
identified in ECCN 0A981 require a license to all destinations
including Australia, Canada, and the United Kingdom. Controls for these
items appear in each ECCN; a column specific to these controls does not
appear in the Country Chart (supplement no. 1 to part 738 of the EAR).'
Section 742.7(a)(5) is revised to read `Certain crime control items
require a license to all destinations, except Canada. These items are
identified under ECCNs 0A982, 0A503, and 0E982. Controls for these
items appear in each ECCN; a column specific to these controls does not
appear in the Country Chart (supplement no. 1 to part 738 of the EAR).'
Finally, 742.7(a)(6) is added with the text `See Sec. 742.11 of the
EAR for further information on items controlled under ECCN 0A983, which
require a license to all destinations, including Australia, Canada, and
the United Kingdom. Controls for these items appear in each ECCN; a
column specific to these controls does not appear in the Country Chart
(supplement no. 1 to part 738 of the EAR).'
Section 742.7(b) is revised by removing the text `paragraph (a)(1)
through (a)(4).' Additionally, in Sec. 742.7, paragraph (b)(3) and the
note to paragraph (b)(3) are removed by this final rule.
Revisions to the Commerce Country Chart
This final rule revises supplement no. 1 to part 738 by removing CC
2 from every country except for the following: Armenia, Azerbaijan,
Belarus, Cambodia, Fiji, Georgia, Iraq, Kazakhstan, Kosovo, Kyrgyzstan,
Laos, Moldova, Mongolia, Montenegro, Russia, Rwanda, Serbia,
Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. This
returns the Commerce Country Chart column CC 2 to its scope prior to
the Firearms IFR.
Additionally, supplement no. 1 to part 738 is revised by adding new
footnote ten, which applies the control policy for most 0x5zz items to
Australia and the United Kingdom. The contents of this footnote were
previously added to supplement no. 1 to part 738 by the rule ``Export
Control Revisions for Australia, United Kingdom, United States (AUKUS)
Enhanced Trilateral Security Partnership'' 89 FR 28594 (April 19, 2024)
and revised by the rule ``Export Control Revisions for Australia,
United Kingdom, United States (AUKUS) Enhanced Trilateral Security
Partnership; Correction'' 89 FR 38838 (May 8, 2024). The contents of
this footnote were removed by the Firearms IFR because the footnote was
unnecessary given the implementation of a worldwide crime control on
these items, including to Australia and the United Kingdom. With the
addition of new footnote ten, this final rule returns to the Country
Chart the 0x5zz control policy footnote for Australia and the United
Kingdom, including conforming changes that reflect the addition of the
ECCNs added by the Firearms IFR.
This final rule revises supplement no. 1 to part 738 by adding
footnote ten with the text ` \10\ A license is required to these
destinations for items in the following ECCNs: 0A501 (except for
0A501.y), 0A502 for shotguns with a barrel length less than 18 inches
(45.72 cm), 0A504.i, 0A505.a and .x, 0A506, 0A507, 0A508 for semi-
automatic shotguns with a barrel length less than 18 inches (45.72 cm),
0A509, 0D501 (except for ``software'' for commodities in ECCN 0A501.y
or ``equipment'' in ECCN 0B501 for commodities in ECCN 0A501.y), 0D505
for ``software'' for commodities in ECCN 0A505.a and .x and
``equipment'' in ECCN 0B505.a and .x, 0E501, 0E504, 0E505 for
``technology'' for ``development,'' ``production,'' operation,
installation, maintenance, repair, overhaul, or refurbishing
commodities in 0A505.a and .x; for ``equipment'' for those commodities
in 0B505; and for ``software'' for that ``equipment'' and those
commodities in 0D505.'
Overview of the Removal of the High-Risk Destinations List
In conjunction with the addition of the presumption of denial
license review polices added by the Firearms IFR to Sec. 742.7, BIS
requested that the Department of State identify a list of countries
where there was a substantial risk that 0x5zz items would be diverted
or misused in a manner contrary to U.S. national security or foreign
policy interests. In the Firearms IFR, BIS adopted a presumption of
denial for exports, reexports, and transfers (in-country) to non-
government end users in 36 destinations identified by State, which are
listed in supplement no. 3 to part 742, High-Risk Destinations for
0x5zz Items.
Supplement no. 3 to part 742 is removed by this final rule
following a consideration of the longstanding risk assessment that
governs BIS's control of 0x5zz items to these destinations as well as
more generally to end users in all destinations. Most of these items
are controlled for NS and RS reasons, and BIS will undertake a thorough
review of all license applications for such items destined for all end
users in these 36 destinations (and in all other destinations). A
presumption of denial policy for non-government end users in these 36
destinations is consequently not warranted. BIS has determined that the
licensing policies that existed prior to the Firearms IFR are
sufficient to identify the risk of diversion or misuse in these
destinations in a manner contrary to U.S. national security or foreign
policy goals.
With the removal of supplement no. 3 to part 742, a presumption of
denial no longer applies to the application review policy for exports
and reexports to non-government end users in the following
destinations: The Bahamas, Bangladesh, Belize, Bolivia, Burkina Faso,
Burundi, Chad, Colombia, Dominican Republic, Ecuador, El Salvador,
Guatemala, Guyana, Honduras, Indonesia, Kazakhstan, Kyrgyzstan, Laos,
Malaysia, Mali, Mozambique, Nepal, Niger, Nigeria, Pakistan, Panama,
Papua New Guinea, Paraguay, Peru, Suriname, Tajikistan, Trinidad and
Tobago, Uganda, Vietnam, and Yemen.
[[Page 47185]]
Revisions to the EAR High-Risk Destinations List
Supplement no. 3 to part 742, High-Risk Destinations for Firearms
and Related Items, is removed and reserved.
C. License Review Policies for Exports of Firearms to OAS Member
Countries
Overview of the Revision to the License Review Policies for Exports of
Firearms to OAS Member Countries
The Firearms IFR revised the licensing policies for the export and
reexport of most 0x5zz items to all OAS member countries under Sec.
742.17(b).
Under this final rule, there will continue to be two distinct
licensing policies for exports and reexports of 0x5zz items to OAS
member countries, as revised from the policies under the Firearms IFR:
a policy of general approval and a policy of denial for applications
linked to drug trafficking, terrorism, and criminal activities. Under
the Firearms IFR, applications supported by an FC Import Certificate or
equivalent official document issued by the government of the importing
country were reviewed on a case-by-case basis, as opposed to the
license review policy of general approval that applied before the
Firearms IFR. This final rule revises Sec. 742.17(b) to a license
review policy of general approval for applications supported by an FC
Import Certificate because the pre-Firearms IFR policy, in combination
with other applicable review policies, sufficiently accounts for
situations in which there may be a risk of diversion or misuse. BIS
does not anticipate any change to the number of license applications
received annually with the removal of the case-by-case review policy.
The Firearms IFR, as well as this final rule, have not changed the
license review policy of denial for applications to export items linked
to drug trafficking, terrorism, and criminal activities. This retention
of this policy is not expected to have any impact on the number of
license applications received by BIS.
Revisions to the EAR OAS License Review Policy
This final rule revises Sec. 742.17(b) to have it read
`applications supported by an FC Import Certificate or equivalent
official document issued by the government of the importing country for
such items will generally be approved, except there is a policy of
denial for applications to export items linked to such activities as
drug trafficking, terrorism, and transnational organized crime.'
D. Changes in Support Document Requirements for Firearms License
Applications
Overview of the Changes to the Import Certificate Requirements
Prior to the Firearms IFR (effective May 30, 2024), BIS required
the submission of an import certificate or other equivalent official
document only for OAS member states described in Sec. 748.12. By
contrast, prior to the Firearms IFR, for non-OAS member states that
require an import certificate or equivalent official document, the
applicant was required to obtain a copy of such documentation but only
required to submit it with the license application if specifically
requested by BIS. The Firearms IFR required that all license
applications for 0x5zz items include an import certificate or
equivalent official document as part of the license application
submission.
This final rule restores the requirements for the submission of
this document that had applied prior to the Firearms IFR, apart from
the minor conforming changes made due to the addition of the four new
ECCNs and new revisions that allow for the use of electronic equivalent
documents to fulfill this requirement. While this final rule revises
the Firearms IFR requirement to submit an import certificate or other
equivalent official document, all approved licenses for firearms will
continue to include a rider which requires the exporter to maintain a
current valid import permit, if required by the government of the
importing country, for every export against the license. This is an
element that predated the Firearms IFR and is an essential component
demonstrating that EAR licensing takes into account whether foreign
countries or other destinations permit the importation of 0x5zz items.
With this, and other provisions that predate the Firearms IFR, BIS
continues to ensure that it meets its objective of protecting U.S.
national security and foreign policy interests. In reverting to the
prior requirements, BIS is reducing the complexity of the submission
requirements for license applications for 0x5zz items to destinations
outside the OAS, thereby eliminating burdens on the industry. These
changes are expected to result in a decrease of 250 import certificates
or other equivalent official documents that need to be submitted with
BIS license applications. BIS estimates that the time required to
submit each document is 1 minute. This change will result in a decrease
in burden hours of 4 hours.
The Firearms IFR revised the introductory text to Sec. 748.12 and
paragraphs (a), (b), (c), and (d). The preamble of the Firearms IFR
discussed the removal of paragraph (e) by that rule, but the
instruction for Sec. 748.12 did not include the removal of that
paragraph. This final rule reverts paragraphs 748.12(a), (b), (c), and
(d) to their pre-Firearms IFR text, and does not revise the current
paragraph (e), which is the pre-Firearms IFR text. Previously, the
importer was required to provide the original or a certified copy. This
change to accept electronic documents will reduce an unnecessary
burden. Also, in Sec. 748.12, paragraph (c) is revised to allow for
the use of country import certificates that do not contain all of the
information requested in paragraph (c). The only revision from the
Firearms IFR that remains unchanged by this final rule is paragraph
748.12(a)(2)(i) which details OAS member countries. The Firearms IFR
added a clarifying reference to this paragraph to state that OAS member
countries include any member country that has acceded in accordance
with Chapter III of the Charter of the Organization of American States.
Revisions to the EAR Import Certification Requirements
This final rule revises the introductory text to Sec. 748.12 to
read `license applications for certain firearms and related commodities
require support documents in accordance with this section. For
destinations that are members of the Organization of American States
(OAS), an FC Import Certificate, equivalent official document, or the
electronic equivalent document officially issued by the foreign
government, is required in accordance with paragraphs 748.12(a) through
(d) of this section. For other destinations that require a firearms
import or permit, the firearms import certificate or permit is required
in accordance with paragraph 748.12(e) of this section.' Paragraphs
748.12(a) through (e) are revised by this rule by replacing all
instances to the reference of `import certificate,' `document,' or `a
certified copy,' with `FC Import Certificate,' `its official
equivalent,' or `a copy,' respectively, where necessary. Paragraph
748.12(a) is revised by replacing the text of the heading with
`requirement to obtain and documentation for OAS member states' and
replacing the text `if required by the importing country' with the
text--`that are destined for member countries of the OAS.' Paragraph
748.12(a)(1) is revised to read `Items subject to requirement. Firearms
and related commodities are
[[Page 47186]]
those commodities controlled for ``FC Column 1'' reasons under 0x5zz
ECCNs.' Paragraph 748.12(a)(2)(ii) is removed and reserved. Paragraph
748.12(a)(3) is revised in this final rule by add the text `OAS member'
before the word `countries,' and the reference to paragraph
748.12(a)(1) is removed and replaced with `firearms and related
commodities.' This final rule revises paragraph 748.12(c) by adding the
phrase `as applicable' after `must contain.' Paragraph 748.12(d)(3) is
revised by replacing the text `importing country' with the text `an OAS
member country' and replacing the text `documents themselves' with the
text `certificate or for a period of four years, whichever is shorter.'
Note to paragraph 748.12(d)(3) is revised by adding the text `to an OAS
member country' after the word `reexports;' removing the reference to
ECCN 0A508; and adding the sentence `note that while FC Import
Certificates are usually valid for 1 year, BIS licenses are generally
valid for 4 years' after the second sentence of the note.
Overview of the Changes Requiring a Purchase Order and Documentation of
Identity for Certain Firearms License Applications
The Firearms IFR revised paragraph (aa) in supplement no. 2 to part
748 to include the unique application and submission requirements that
applied to exports of other firearms, certain shotguns, and related
commodities. In supplement no. 2 to part 748, the contents of the pre-
Firearms IFR paragraph (bb), `semiautomatic firearms controlled under
ECCN 0A501.a,' was redesignated under paragraph (aa)(1), with
conforming revisions made to the title corresponding to the addition of
new ECCNs. New paragraph (aa)(2) required the submission of purchase
order documentation for certain applications, and new paragraph (aa)(3)
required the submission of passport or other national identity card
information for certain applications in supplement no. 2 to part 748.
Addition of Purchase Order Requirement for Non-A:1 Countries
The Firearms IFR amended the EAR by adding paragraph (aa)(2) to
supplement no. 2 to part 748 to require a purchase order be submitted
for exports and reexports of 0x5zz items to non-A:1 countries.
Previously, exporters were not required to submit a purchase order with
BIS license applications unless requested during BIS's review of a
particular application. Consistent with its objective to limit
regulatory burden, BIS has assessed that it can eliminate the purchase
order requirement while continuing to protect U.S. national security
and foreign policy interests. When the 0x5zz items were moved from the
USML to the CCL, BIS described the absence of a purchase order
requirement as one of the reductions in regulatory burden. The other
items that moved from the USML to the CCL, the ``600 series'' and 9x515
items, also did not have a purchase order requirement. BIS assesses
that treating 0x5zz items at least equivalently, and not more
restrictively, than ``600 series'' and 9x515 items is sufficient to
protect national security and foreign policy interests.
Requiring Passport or National Identity Card for Firearms License
Applications for Natural Persons Located in Destinations Other Than in
Country Group A:1
The Firearms IFR amended the EAR to require that a passport or
national identity card be submitted for exports and reexports of 0x5zz
items to natural persons (individuals) in non-A:1 countries.
Previously, passports or national identity cards were not required with
submission of applications for export to individuals unless requested
by BIS for a specific license application. Under the Firearms IFR,
license applications for items controlled under ECCNs 0A501 (except
0A501.y), 0A502, 0A504, 0A505 (except 0A505.c, 0A505.d, and 0A505.e),
0A506, 0A507, 0A508, and 0A509 for individuals in destinations other
than Country Group A:1 required the submission of a passport or
national identity card for all named individual recipient end users of
those items. This requirement was detailed under new paragraph (aa)(3)
to supplement no. 2 to part 748. This final rule revises the EAR by
removing the requirement that a passport or national identity card must
be submitted for 0x5zz items to individual persons in non-A:1 countries
and removes paragraph (aa)(3) to supplement no. 2 to part 748.
Requiring license applicants to provide an end user passport or
national identity card for 0x5zz items with the initial application
would be more restrictive than the support document requirements for
items of greater sensitivity (e.g., ``600 series'' and 9x515 items).
BIS believes it will be able to assess risk and protect U.S. national
security and foreign policy interests through the pre-Firearms IFR
license review policy without applying this additional burden on
exporters. These changes are expected to result in a decrease of 3,160
passports or other national identity card information that would
otherwise be submitted annually. BIS estimates that the time required
to submit each document is 1 minute, resulting in an estimated decrease
in 57 burden hours. That estimate takes into account an estimated
increase of 100 license applications received annually by BIS resulting
from a reduced burden associated with submitting a license application.
Revisions to the EAR Submission Requirements
In supplement no. 2 to part 748--Unique Application and Submission
Requirements, paragraph (aa)(2) and (aa)(3) are removed by this final
rule. Paragraph (aa)(1) in supplement no. 2 to part 748 is also removed
due to the removal of the congressional notification requirement
discussed in section IV.A of this final rule's preamble. Paragraph (bb)
is redesignated as paragraph (aa) with its text unchanged by this final
rule in supplement no. 2 to part 748.
E. Removal of Formalized Interagency Working Group for Firearms License
Applications
Overview of the Removal of the Interagency Working Group
BIS license applications involving 0x5zz items are reviewed by the
longstanding interagency review processes specified under part 750 of
the EAR. Accordingly, BIS has consulted with interagency partners
regarding the review of license applications for exports and reexports
of these items since their additions to the CCL effective March 2020.
The Firearms IFR formalized an interagency working group, chaired
by State, to evaluate firearm diversion and misuse risks. The Firearms
IFR added Sec. 750.4(d)(2)(v), which described a new working group
called ``The Safeguard.''
The risk factors considered by the interagency working group were
already part of interagency review for firearms-related license
applications prior to the Firearms IFR. Therefore, BIS has determined
that the Safeguard is largely duplicative of existing interagency
review efforts and unnecessary to achieve BIS's national security and
foreign policy goals. BIS will continue to gather feedback from other
agencies during the interagency review process that occurs in
connection with all license applications. Consistent with the goal to
eliminate unnecessary regulations, BIS removes this provision from the
EAR in this final rule. This change is not expected to have any impact
on the number of license applications received by BIS.
[[Page 47187]]
Revisions to the EAR
In this final rule, Sec. 750.4(d)(2)(v) is removed.
F. Changes to the Reduction in General License Validity Period
(Restoring 4-Year License Validity for Firearms Licenses)
Overview of the Changes to the General License Validity Period
The Firearms IFR amended the EAR to reduce the general validity
period from four years to one year for all future licenses involving
0x5zz items. This final rule reverses the general validity period from
one year to four years for licenses involving 0x5zz items. BIS license
review policy continues to apply national security and foreign policy
considerations (including human rights-related considerations), and a
shorter license period may be granted if warranted by circumstances.
BIS acknowledges that shorter licensing periods create a burden for
both the government, which must process a greater number of license
applications and renewals, and exporters who require licenses issued in
a timely manner. BIS is also committed to removing unnecessary
regulations that may negatively impact American businesses. This change
is expected to result in a decrease of 500 license applications
received annually by BIS.
Revisions to the EAR License Validity Period
This rule revises Sec. 750.7(g) by removing, from the third
sentence, the text `and controlled under ECCNs 0A501, 0A502, 0A504,
0A505, 0A506, 0A507, 0A508, or 0A509, which will generally be limited
to a one-year validity period.'
G. Mandatory Identification of End-Item Firearms and Shotguns, Along
With Certain ``Parts,'' ``Components,'' Devices, ``Accessories,'' and
``Attachments'' for Semi-Automatic Firearms and Semi-Automatic Shotguns
in the Automated Export System, and Changes to Conventional Arms
Reporting Requirements
Overview of the Mandatory Identification Requirements in the Automated
Export System
The Firearms IFR created four new ECCNs, 0A506, 0A507, 0A508, and
0A509, to help distinguish between non-automatic and semi-automatic
firearms exports in AES EEI filings, along with the export of certain
``parts,'' ``components,'' devices, ``accessories,'' and
``attachments'' for semi-automatic firearms and semi-automatic
shotguns. In order to further enhance the export data to distinguish
between end-item firearms exports and other firearms ``parts,''
``components,'' devices, ``accessories, or ``attachments'' exports, as
well as simplify the conventional arms reporting requirements for
firearms under the EAR (Sec. 743.4) via Electronic Export Information
(EEI) in the Automated Export System (AES), the Firearms IFR revised
the requirement in Sec. 758.1(g)(4)(ii), which previously allowed
exporters to complete their conventional arms reporting requirements
without submitting conventional arms reports to BIS. That rule revised
this reporting requirement making conventional arms reporting
information in the EEI filing in AES mandatory by specifying that
exporters must include the items-level classification or other items-
level descriptor in the Commodity description block in the EEI filed in
AES. This final rule makes no changes to the mandatory filing
provision.
The Firearms IFR also expanded the scope of this mandatory export
clearance requirement to include not only ECCNs 0A501.a or .b and
shotguns with a barrel length less than 18 inches controlled under ECCN
0A502, but also to include items controlled under ECCNs 0A501.a or .b,
0A506.a or .b, 0A507.a and .b, shotguns with a barrel length less than
18 inches controlled under ECCNs 0A502 or 0A508.a. or .b, or ``parts,''
``components,'' devices, ``accessories,'' or ``attachments'' controlled
under 0A509.a, .b, .c, or .d. To assist exporters in identifying the
information that must be included in the Commodity description block in
the EEI filing in AES, the Firearms IFR added new paragraphs
758.1(g)(4)(ii)(A) through (F). In Sec. 758.1, this final rule makes
no changes to paragraphs (g)(4)(ii)(A) through (E); however, paragraph
(g)(4)(ii)(F) is removed due to the fact that these items are not part
of the reporting requirements described in this section. Finally, the
description of items in paragraph 758.1(g)(4)(ii) for ECCN 0A508 are
changed from `.a.1 or .a.2' to `.a or .b' which was the intended
revision as described in the preamble of the Firearms IFR. Maintaining
this provision will aid OEE in more effectively mitigating the
diversion risk of firearms.
These changes have not resulted in an increase in burden; a
commodity description was already required to be provided in the EEI in
AES prior to the effective date of the Firearms IFR, so including this
additional information as part of the commodity description does not
change the burden hours for exporters.
Revisions to the EAR EEI Filing Requirements
In Sec. 758.1, the heading is revised by removing the text `and
certain ``parts,'' ``components,'' devices, ``accessories,'' and
``attachments''.' Paragraph 758.1(g)(4)(ii) is revised by this final
rule by replacing the text `.a.1, or .a.2' with `.a or .b,' and `(F)'
with `(E)' after `(A) through.' Paragraph 758.1(g)(4)(ii) is further
revised by removing the text `or ``parts,'' ``components,'' devices,
``accessories,'' or ``attachments'' controlled under 0A509.a, .b, .c,
or .d,' and `or 0A509,'. A conforming change is also made to
758.1(g)(4)(ii) to move `or' before `0A508.' Paragraph
758.1(g)(4)(ii)(F) is removed.
Overview of the Changes to the Conventional Arms Reporting Requirement
The Firearms IFR revised Sec. 743.4 to specify that BIS will be
relying solely on the alternative submission method for obtaining the
required information for the conventional arms reporting. The Firearms
IFR also revised Sec. 743.4 to make conforming changes to add
references to the end-item firearms controlled under ECCNs 0A506.a and
.b and 0A507.a and .b, and to specify that these semi-automatic rifles
and pistols are included for the conventional arms reporting for the
Wassenaar Arrangement semi-annual reporting and the United Nations
annual report described under Sec. 743.4. This approach is consistent
with how these items were previously reported when controlled under
ECCN 0A501.a or .b. The changes discussed below regarding BIS's use of
EEI data to meet conventional arms reporting requirements affect both
the existing ECCNs and the newly added ECCNs referenced in Sec. 743.4
(i.e., ECCNs 0A501.a and .b, 0A506.a and .b, and 0A507.a. and .b). This
final rule makes no changes to these provisions.
In preparing the Firearms IFR, BIS reevaluated the conventional
arms reporting requirements under existing Sec. 743.4 and the
alternative submission method for ECCN 0A501.a and .b referenced under
Sec. Sec. 743.4(h) and 758.1(g)(4)(ii) based on its experience since
ECCNs 0A501.a and .b were added to the EAR on March 9, 2020. BIS
determined, based on this review, that the conventional arms reporting
requirements could be simplified by making the alternative submission
method the sole method that exporters may use to submit the information
to meet the conventional arms reporting requirement for ECCN 0A501.a or
.b, as well as for semi-automatic rifles controlled under ECCN 0A506.a
and .b
[[Page 47188]]
and semi-automatic pistols controlled under 0A507.a and .b.
Previously, BIS added the alternative submission method in Sec.
743.4(h) of the EAR as part of the January 2020 EAR final rule to
reflect exporters' recommendation that BIS use AES EEI data to obtain
the information required for these two conventional arms reports. The
alternative submission method gave exporters the option of including
the additional .a or .b information as the first characters to appear
in the commodity description block in AES, rather than requiring
submission of information on end-item firearms under ECCN 0A501.a and
.b in separate reports to BIS. Based on data reviewed by BIS, nearly
all exporters have been using this alternative submission method to
meet their conventional arms reporting requirements since March 9,
2020, the effective date of the January 2020 rule. The alternative
submission method has also been an efficient method for extracting the
data needed by BIS to prepare these reports. This final rule makes no
changes to these provisions.
In addition, the Firearms IFR revised Sec. 758.1(g)(4)(ii), to
include the ``items'' level paragraph classification as the first
characters to appear in the Commodity description block in the EEI
filed in AES for ECCNs 0A501.a and .b, 0A506.a and .b, 0A507.a and .b,
0A508.a and .b. This final rule retains this provision, consistent with
BIS's interest in aiding OEE's effort to mitigate diversion risk. Given
that a commodity description was already previously required in the EEI
filing in AES, including this additional information as part of the
commodity description is not expected to change the burden hours for
exporters.
IV. Other EAR Revisions
A. Removal of Congressional Notification Requirement for Certain Semi-
Automatic Firearms License Applications
In a June 1, 2022, firearms-related final rule, ``Adoption of
Congressional Notification Requirement for Certain Semiautomatic
Firearms Exports Under the Export Administration Regulations (EAR)''
(June 1 final rule) (87 FR 32983), BIS adopted a Congressional
notification requirement for license applications for semiautomatic
firearms (then classified under ECCN 0A501.a) meeting certain value and
destination requirements under the EAR. These items were subject to a
Congressional notification requirement under the ITAR prior to their
transfer to the EAR. While the ITAR's Congressional notification
requirement that had previously applied to these items was informative
for developing the new provision set forth in Sec. 743.6 of the EAR
(Prior notifications to Congress of exports of certain semiautomatic
firearms), BIS utilized a different scope. BIS's criteria required
notification to Congress prior to issuance of a license for
applications to export semi-automatic firearms that are: (1) controlled
under ECCN 0A501.a (which was subsequently revised to 0A506 and 0A507
as described below); (2) exported to Mexico, South Africa, Turkey, or
any other country not listed in Country Group A:5 or A:6 in supplement
no.1 to part 740; and (3) valued at $4 million or more. Along with the
notification requirement, BIS also added a paragraph to supplement no.
2 to part 748 requiring that certain information and documentation
required to comply with the notification requirement be included with
export applications that were subject to the notification requirement.
The Firearms IFR made conforming changes to Sec. 743.6 and supplement
no. 2 to part 748 to remove the reference to 0A501.a and add in its
place references to ECCN 0A506 for semi-automatic rifles and ECCN 0A507
for semi-automatic pistols; however, no changes were made to the scope
of the firearms that required congressional notification under the EAR.
Overview of the Removal of the Congressional Notification Requirement
for Semi-Automatic Firearms Under the EAR
In this final rule, BIS is amending the EAR to remove and reserve
Sec. 743.6. Based on its experience in implementing this reporting
requirement during the past three years, BIS has determined that this
requirement, which is not required under ECRA and has imposed a burden
on both industry and BIS, is not warranted, and it is therefore
eliminated. There are other processes in place for BIS's Congressional
oversight committees to request information on specific licenses.
Specifically, the chairman or ranking member of committees of
appropriate jurisdiction may request such information from BIS pursuant
to 50 U.S.C. 4820(h)(2)(B)(i). These processes provide sufficient
oversight into BIS's firearms licensing policies and procedures.
Removing this notification requirement will not alter or otherwise
affect the firearms licensing review process, including interagency
review, and any related procedures. Additionally, this revision is in
keeping with the BIS objective to reduce regulatory burdens.
Revision of the EAR Congressional Notification Requirement
This final rule makes the following EAR changes to implement the
removal of the Congressional notification requirement. In part 743
(Special Reporting and Notification), this final rule removes and
reserves Sec. 743.6. In supplement no. 2 to part 748 (Unique
Application and Submission Requirements), this final rule removes
paragraph (aa)(1), as described in this section and section III.D,
which specifies the unique application requirements tied to meeting the
notification requirement under Sec. 743.6 that is being eliminated by
this final rule.
B. Other Revision to the Commerce Control List
This final rule revises the CCL Category 0 heading by adding the
text `firearms, ammunition' after the word `equipment' to provide a
better description of the items listed in this category.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA, as amended, provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
final rule. In particular, and as noted elsewhere, Section 1753 of ECRA
(50 U.S.C. 4812) authorizes the regulation of exports, reexports, and
transfers (in-country) of items subject to U.S. jurisdiction. Further,
Section 1754(a)(1)-(16) of ECRA (50 U.S.C. 4813(a)(1)-(16)) authorizes,
inter alia, the establishment of a list of controlled items; the
prohibition of unauthorized exports, reexports, and transfers (in-
country); the requirement of licenses or other authorizations for
exports, reexports, and transfers (in-country) of controlled items;
apprising the public of changes in policy, regulations, and procedures;
and any other action necessary to carry out ECRA that is not otherwise
prohibited by law. Pursuant to Section 1762(a) of ECRA (50 U.S.C.
4821(a)), these changes can be imposed in a final rule without prior
notice and comment.
Rulemaking Requirements
1. BIS has examined the impact of this rule as required by
Executive Orders (E.O.) 12866 and 13563, which direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select
[[Page 47189]]
regulatory approaches that maximize net benefits (e.g., potential
economic, environmental, public, health, and safety effects,
distributive impacts, and equity). This final rule is considered a
``significant regulatory action'' under section 3(f) of Executive Order
12866. This final rule is considered an Executive Order 14192
deregulatory action.
2. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
five collections currently approved by OMB.
<bullet> OMB Control Number 0694-0088, Simplified Network
Application Processing System;
<bullet> OMB Control Number 0694-0096, Five Year Records Retention
Period;
<bullet> OMB Control Number 0694-0122, Licensing Responsibilities
and Enforcement;
<bullet> OMB Control Number 0694-0137, License Exceptions and
Exclusions; and
<bullet> OMB Control Number 0607-0152, Automated Export System
(AES) Program
Additional information regarding these collections of information--
including all background materials--can be found at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by using the search function to enter
either the title of the collection or the OMB Control Number.
For OMB control number 0694-0088, Simple Network Application
Process and Multipurpose Application Form. BIS expects an annual
decrease of approximately 2100 licenses for a decrease of 1040 burden
hours per year for this collection with an estimated cost decrease of
$39,520. These burden hours will be removed during the current renewal
approval process for this information collection.
For OMB control number 0694-0137, License Exceptions and
Exclusions, BIS expects a slight decrease in burden hours for this
collection with the removal of the restriction on the use of License
Exceptions under Sec. 740.2(a)(24). This required exporters to obtain
a copy of an import certificate or equivalent document (if required by
the importing country) before the exporter can use any license
exception for items controlled under ECCNs 0A501, 0A502, 0A504, 0A505,
0A506, 0A507, 0A508, and 0A509.
Changes impacting OMB control numbers 0694-0096,0694-0122, and
0607-0152 Five Year Records Retention Period, Licensing
Responsibilities and Enforcement, and Automated Export System (AES)
Program respectively, are not expected to result in an increase in
burden hours.
3. This rule does not contain policies with federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date.
5. Because neither the Administrative Procedure Act nor any other
law requires notice of proposed rulemaking and an opportunity for
public comment for this rule, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
Accordingly, no Final Regulatory Flexibility Analysis is required and
none has been prepared.
List of Subjects
15 CFR Part 738, 740, 750, and 758
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 743
Administrative practice and procedure, Reporting and recordkeeping
requirements.
15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements, Terrorism.
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, BIS amends 15 CFR parts
738, 740, 742, 743, 748, 750, 758, 772, and 774 as follows:
PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART
0
1. The authority citation for 15 CFR part 738 is revised to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228.
0
2. Revise supplement no. 1 to part 738 to read as follows:
[Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chemical and biological Nuclear National security Missile Regional stability Firearms Crime control Anti- terrorism
weapons nonproliferation -------------------- tech -------------------- convention --------------------------------------------
Countries ---------------------------------------------------- ----------- --------------
CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Afghanistan................... X X X X ......... X X X X X ............ X ....... X ....... .......
Albania \2\ \3\............... X X ........ X ......... X X X X X ............ ....... ....... ....... ....... .......
Algeria....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Andorra....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Angola........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Antigua and Barbuda........... X X ........ X ......... X X X X X X X ....... X ....... .......
Argentina..................... X ........ ........ ......... ......... X ........ X X ........ X X ....... X ....... .......
Armenia....................... X X X X ......... X X X X X ............ X X ....... ....... .......
Aruba......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Australia \10\................ X ........ ........ ......... ......... ........ ........ ......... ........ ........ ............ ....... ....... ....... ....... .......
Austria \3\ \4\............... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Azerbaijan.................... X X X X ......... X X X X X ............ X X ....... ....... .......
Bahamas, The.................. X X ........ X ......... X X X X X X X ....... X ....... .......
Bahrain....................... X X X X ......... X X X X X ............ X ....... X ....... .......
Bangladesh.................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Barbados...................... X X ........ X ......... X X X X X X X ....... X ....... .......
Belarus \6\................... X X X X X X X X X X ............ X X ....... ....... .......
[[Page 47190]]
Belgium \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Belize........................ X X ........ X ......... X X X X X X X ....... X ....... .......
Benin......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Bhutan........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Bolivia....................... X X ........ X ......... X X X X X X X ....... X ....... .......
Bosnia and Herzegovina........ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Botswana...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Brazil........................ X X ........ ......... ......... X X X X X X X ....... X ....... .......
Brunei........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Bulgaria \3\.................. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Burkina Faso.................. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Burma......................... X X X X ......... X X X X X ............ X ....... X ....... .......
Burundi....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Cambodia...................... X X ........ X ......... X X X X X ............ X X ....... ....... .......
Cameroon...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Canada........................ X ........ ........ ......... ......... ........ ........ ......... ........ ........ X ....... ....... ....... ....... .......
Cape Verde.................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Central African Republic...... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Chad.......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Chile......................... X X ........ X ......... X X X X X X X ....... X ....... .......
China......................... X X X X X X X X X X ............ X ....... X ....... .......
Colombia...................... X X ........ X ......... X X X X X X X ....... X ....... .......
Comoros....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Congo (Democratic Republic of X X ........ X ......... X X X X X ............ X ....... X ....... .......
the) \1\.
Congo (Republic of the)....... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Costa Rica.................... X X ........ X ......... X X X X X X X ....... X ....... .......
Cote d'Ivoire................. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Croatia \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Cuba.......................... See part 746 of the EAR to determine whether a license is required in order to export or reexport to this destination.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Cura[ccedil]ao................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Cyprus \2\ \3\ \4\............ X ........ ........ ......... ......... X X X X X ............ X ....... X ....... .......
Czech Republic \3\............ X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Denmark \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Djibouti...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Dominica...................... X X ........ X ......... X X X X X X X ....... X ....... .......
Dominican Republic............ X X ........ X ......... X X X X X X X ....... X ....... .......
Ecuador....................... X X ........ X ......... X X X X X X X ....... X ....... .......
Egypt......................... X X X X ......... X X X X X ............ X ....... X ....... .......
El Salvador................... X X ........ X ......... X X X X X X X ....... X ....... .......
Equatorial Guinea............. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Eritrea \1\................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Estonia \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Eswatini...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Ethiopia...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Fiji.......................... X X ........ X ......... X X X X X ............ X X X ....... .......
Finland \3\ \4\............... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
France \3\.................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Gabon......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Gambia, The................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Georgia....................... X X X X ......... X X X X X ............ X X ....... ....... .......
Germany \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Ghana......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Greece \3\.................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Grenada....................... X X ........ X ......... X X X X X X X ....... X ....... .......
Guatemala..................... X X ........ X ......... X X X X X X X ....... X ....... .......
Guinea........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Guinea-Bissau................. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Guyana........................ X X ........ X ......... X X X X X X X ....... X ....... .......
Haiti......................... X X ........ X ......... X X X X X X X ....... X ....... .......
Honduras...................... X X ........ X ......... X X X X X X X ....... X ....... .......
Hungary \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Iceland \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
India \7\..................... X ........ ........ X ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Indonesia..................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Iran \1\...................... See part 746 of the EAR to determine whether a license is required in order to export or reexport to this destination.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Iraq \1\...................... X X X X X X X X X X ............ X X ....... ....... .......
Ireland \3\ \4\............... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Israel........................ X X X X X X X X X X ............ X ....... X ....... .......
Italy \3\..................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Jamaica....................... X X ........ X ......... X X X X X X X ....... X ....... .......
Japan \3\..................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Jordan........................ X X X X ......... X X X X X ............ X ....... X ....... .......
Kazakhstan.................... X X X ......... ......... X X X X X ............ X X ....... ....... .......
[[Page 47191]]
Kenya......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Kiribati...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Korea, North \1\.............. See Sections 742.19 and 746.4 of the EAR to determine whether a license is required in order to export or reexport to this destination.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Korea, South \3\ \4\.......... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Kosovo........................ X X ........ X ......... X X X X X ............ X X X ....... .......
Kuwait........................ X X X X ......... X X X X X ............ X ....... X ....... .......
Kyrgyzstan.................... X X X X ......... X X X X X ............ X X ....... ....... .......
Laos.......................... X X ........ X ......... X X X X X ............ X X ....... ....... .......
Latvia \3\.................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Lebanon \1\................... X X X X ......... X X X X X ............ X ....... X ....... .......
Lesotho....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Liberia....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Libya \1\..................... X X X X X X X X X X ............ X ....... X ....... .......
Liechtenstein \5\............. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Lithuania \3\................. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Luxembourg \3\................ X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Macau......................... X X X X X X X X X X ............ X ....... X ....... .......
Madagascar.................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Malawi........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Malaysia...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Maldives...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Mali.......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Malta \2\ \3\ \4\............. X ........ ........ ......... ......... X X X X X ............ X ....... X ....... .......
Marshall Islands.............. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Mauritania.................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Mauritius..................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Mexico........................ X ........ ........ ......... ......... X ........ X X ........ X X ....... X ....... .......
Micronesia (Federated State X X ........ X ......... X X X X X ............ X ....... X ....... .......
of).
Moldova....................... X X X X ......... X X X X X ............ X X ....... ....... .......
Monaco........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Mongolia...................... X X X X ......... X X X X X ............ X X ....... ....... .......
Montenegro.................... X X ........ X ......... X X X X X ............ X X X ....... .......
Morocco....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Mozambique.................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Namibia....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Nauru......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Nepal......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Netherlands \3\............... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
New Zealand \3\............... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Nicaragua..................... X X ........ X ......... X X X X X X X ....... X ....... .......
Niger......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Nigeria....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
North Macedonia............... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Norway \3\.................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Oman.......................... X X X X ......... X X X X X ............ X ....... X ....... .......
Pakistan \8\.................. X X X X X X X X X X ............ X ....... X ....... .......
Palau......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Panama........................ X X ........ X ......... X X X X X X X ....... X ....... .......
Papua New Guinea.............. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Paraguay...................... X X ........ X ......... X X X X X X X ....... X ....... .......
Peru.......................... X X ........ X ......... X X X X X X X ....... X ....... .......
Philippines................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Poland \3\.................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Portugal \3\.................. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Qatar......................... X X X X ......... X X X X X ............ X ....... X ....... .......
Romania \3\................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Russia \6\.................... X X X X X X X X X X ............ X X ....... ....... .......
Rwanda........................ X X ........ X ......... X X X X X ............ X X X ....... .......
St. Kitts and Nevis........... X X ........ X ......... X X X X X X X ....... X ....... .......
St. Lucia..................... X X ........ X ......... X X X X X X X ....... X ....... .......
St. Vincent and the Grenadines X X ........ X ......... X X X X X X X ....... X ....... .......
Samoa......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
San Marino.................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Sao Tome and Principe......... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Saudi Arabia.................. X X X X ......... X X X X X ............ X ....... X ....... .......
Senegal....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Serbia........................ X X ........ ......... ......... X X X X X ............ X X X ....... .......
Seycheles..................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Sierra Leone.................. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Singapore..................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Sint Maarten (the Dutch two- X X ........ X ......... X X X X X ............ X ....... X ....... .......
fifths of the island of Saint
Martin).
Slovakia \3\.................. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Slovenia \3\.................. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Solomon Islands............... X X ........ X ......... X X X X X ............ X ....... X ....... .......
[[Page 47192]]
Somalia \1\................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
South Africa \2\ \3\ \4\...... X X ........ ......... ......... X ........ X X ........ ............ X ....... X ....... .......
South Sudan, Republic of...... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Spain \3\..................... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Sri Lanka..................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Sudan \1\..................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Suriname...................... X X ........ X ......... X X X X X X X ....... X ....... .......
Sweden \3\ \4\................ X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Switzerland \3\ \4\........... X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Syria......................... See Sec. 746.9 of the EAR to determine whether a license is required in order to export or reexport to this destination.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Taiwan........................ X X X X ......... X X X X X ............ X ....... X ....... .......
Tajikistan.................... X X X X ......... X X X X X ............ X X ....... ....... .......
Tanzania...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Thailand...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Timor-Leste................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Togo.......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Tonga......................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Trinidad and Tobago........... X X ........ X ......... X X X X X X X ....... X ....... .......
Tunisia....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
T[uuml]rkiye.................. X ........ ........ ......... ......... X ........ X X ........ ............ ....... ....... ....... ....... .......
Turkmenistan.................. X X X X ......... X X X X X ............ X X ....... ....... .......
Tuvalu........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Uganda........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Ukraine \9\................... X ........ ........ ......... ......... X X X X X ............ X X ....... ....... .......
United Arab Emirates.......... X X X X ......... X X X X X ............ X ....... X ....... .......
United Kingdom \10\........... X ........ ........ ......... ......... ........ ........ ......... ........ ........ ............ ....... ....... ....... ....... .......
Uruguay....................... X X ........ X ......... X X X X X X X ....... X ....... .......
Uzbekistan.................... X X X X ......... X X X X X ............ X X ....... ....... .......
Vanuatu....................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
Vatican City.................. X X ........ X ......... X X X X X ............ X ....... X ....... .......
Venezuela..................... X X X X X X X X X X X X ....... X ....... .......
Vietnam....................... X X X X ......... X X X X X ............ X X ....... ....... .......
Western Sahara................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Yemen......................... X X X X ......... X X X X X ............ X ....... X ....... .......
Zambia........................ X X ........ X ......... X X X X X ............ X ....... X ....... .......
Zimbabwe...................... X X ........ X ......... X X X X X ............ X ....... X ....... .......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ See Sec. 746.1(b) for United Nations Security Council Sanctions under the EAR. See Sec. 746.3 for United Nations Security Council-related license requirements for exports and reexports
to Iraq or transfer within Iraq under the EAR, as well as regional stability licensing requirements not included in the Country Chart.
\2\ See Sec. 742.4(a) for special provisions that apply to exports and reexports to these countries of certain thermal imaging cameras.
\3\ See Sec. 742.6(a)(3) for special provisions that apply to military commodities that are subject to ECCN 0A919.
\4\ See Sec. 742.6(a)(2) and (4)(ii) regarding special provisions for exports and reexports of certain thermal imaging cameras to these countries.
\5\ Refer to Switzerland for licensing requirements for Liechtenstein under the EAR.
\6\ See Sec. 746.5 of the EAR for additional license requirements under the Russian Industry Sector Sanctions for ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 and items
identified in supplement no. 2 to part 746 of the EAR. See Sec. 746.8 of the EAR for Sanctions against Russia and Belarus, including additional license requirements for items listed in any
ECCN on the CCL.
\7\ Note that a license is still required for items controlled under ECCNs 6A003.b.4.b and 9A515.e for RS column 2 reasons when destined to India.
\8\ See Sec. 746.6 of the EAR for additional license requirements for exports and reexports to the Crimea region of Ukraine and the so-called Donetsk People's Republic (DNR) and Luhansk
People's Republic (LNR) regions of Ukraine and transfers (in-country) within the Crimea, DNR, and LNR regions of Ukraine for all items subject to the EAR, other than food and medicine
designated as EAR99 and certain EAR99 or ECCN 5D992.c software for internet-based communications.
\9\ See Sec. 746.6 of the EAR for additional license requirements for exports and reexports to the Crimea region of Ukraine and the so-called Donetsk People's Republic (DNR) and Luhansk
People's Republic (LNR) regions of Ukraine and transfers (in-country) within the Crimea, DNR, and LNR regions of Ukraine for all items subject to the EAR, other than food and medicine
designated as EAR99 and certain EAR99 or ECCN 5D992.c software for internet-based communications.
\10\ A license is required to these destinations for items in the following ECCNs: 0A501 (except for 0A501.y), 0A502 for shotguns with a barrel length less than 18 inches (45.72 cm), 0A504.i,
0A505.a and .x, 0A506, 0A507, 0A508 for semi-automatic shotguns with a barrel length less than 18 inches (45.72 cm), 0A509, 0D501 (except for ``software'' for commodities in ECCN 0A501.y or
``equipment'' in ECCN 0B501 for commodities in ECCN 0A501.y), 0D505 for ``software'' for commodities in ECCN 0A505.a and .x and ``equipment'' in ECCN 0B505.a and .x, 0E501, 0E504, 0E505 for
``technology'' for ``development,'' ``production,'' operation, installation, maintenance, repair, overhaul, or refurbishing commodities in 0A505.a and .x; for ``equipment'' for those
commodities in 0B505; and for ``software'' for that ``equipment'' and those commodities in 0D505.
PART 740--LICENSE EXCEPTIONS
0
3. The authority citation for 15 CFR part 740 is revised to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228.
0
4. Amend Sec. 740.2 by removing and reserving paragraph (a)(24).
Sec. 740.2 Restrictions on all License Exceptions.
* * * * *
(24) [Reserved]
* * * * *
0
5. Amend Sec. 740.3 by revising paragraph (b) to read as follows:
Sec. 740.3 Shipments of limited value (LVS).
* * * * *
(b) Eligible destinations. This License Exception is available for
all destinations in Country Group B (see supplement no. 1 to part 740),
provided that the net value of the commodities included in the same
order and controlled under the same ECCN entry on the CCL does not
exceed the amount specified in the LVS paragraph for that entry.
* * * * *
Sec. 740.14 [Amended]
0
6. Amend Sec. 740.14 by removing paragraph (e)(5).
PART 742--CONTROL POLICY--CCL BASED CONTROLS
0
7. The authority citation for 15 CFR part 742 is revised to read as
follows:
[[Page 47193]]
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; Presidential Determination 2003-23, 68 FR 26459,
3 CFR, 2004 Comp., p. 320.
0
8. Amend Sec. 742.7 by:
0
a. Revising paragraphs (a)(1) through (5);
0
b. Adding paragraph (a)(6);
0
c. Revising paragraph (b)(1); and
0
d. Removing paragraph (b)(3) and Note 1 to paragraph (b)(3).
The revisions read as follows:
Sec. 742.7 Crime control and detection.
(a) * * *
(1) Crime control and detection instruments and equipment and
related ``technology'' and ``software'' identified in the appropriate
ECCNs on the CCL under CC Column 1 in the Country Chart column of the
``License Requirements'' section. A license is required to countries
listed in CC Column 1 (Supplement No. 1 to part 738 of the EAR). Items
affected by this requirement are identified on the CCL under the
following ECCNs: 0A502 (for shotguns with a barrel length less than 24
inches and shotgun ``parts'' and ``components''), 0A504, 0A505.b, 0A508
(for shotguns with a barrel length less than 24 inches and shotgun
``parts'' and ``components''), 0A509.a (for items for ECCN 0A502 or
ECCN 0A508), 0A509.d, 0A977, 0A978, 0A979, 0D977, 0E502, 0E505
(``technology'' for ``development'' or for ``production'' of buckshot
shotgun shells controlled under ECCN 0A505.b), 0E977, 1A984, 1A985,
3A980, 3A981, 3D980, 3E980, 4A003 (for fingerprint computers only),
4A980, 4D001 (for fingerprint computers only), 4D980, 4E001 (for
fingerprint computers only), 4E980, 6A002 (for police-model infrared
viewers only), 6E001 (for police-model infrared viewers only), 6E002
(for police-model infrared viewers only), and 9A980.
(2) Shotguns with a barrel length greater than or equal to 24
inches, identified in ECCN 0A502 or 0A508 on the CCL under CC Column 2
in the Country Chart column of the ``License Requirements'' section
regardless of end user to countries listed in CC Column 2 (supplement
no. 1 to part 738 of the EAR).
(3) Shotguns with barrel length greater than or equal to 24 inches,
identified in ECCN 0A502 or 0A508 on the CCL under CC Column 3 in the
Country Chart column of the ``License Requirements'' section only if
for sale or resale to police or law enforcement entities in countries
listed in CC Column 3 (supplement no. 1 to part 738 of the EAR).
(4) Items designed for the execution of human beings as identified
in ECCN 0A981 require a license to all destinations including
Australia, Canada, and the United Kingdom. Controls for these items
appear in each ECCN; a column specific to these controls does not
appear in the Country Chart (supplement no. 1 to part 738 of the EAR).
(5) Certain crime control items require a license to all
destinations except Canada. These items are identified under ECCNs
0A982, 0A503, and 0E982. Controls for these items appear in each ECCN;
a column specific to these controls does not appear in the Country
Chart (supplement no. 1 to part 738 of the EAR).
(6) See Sec. 742.11 of the EAR for further information on items
controlled under ECCN 0A983, which require a license to all
destinations, including Australia, Canada, and the United Kingdom.
Controls for these items appear in each ECCN; a column specific to
these controls does not appear in the Country Chart (supplement no. 1
to part 738 of the EAR).
(b) * * *
(1) Applications for items controlled under this section will
generally be considered favorably on a case-by-case basis, unless there
is civil disorder in the country or region or unless there is a risk
that the items will be used to violate or abuse human rights. The
judicious use of export controls is intended to deter human rights
violations and abuses, distance the United States from such violations
and abuses, and avoid contributing to civil disorder in a country or
region.
* * * * *
0
9. Amend Sec. 742.17 by revising paragraph (b) to read as follows:
Sec. 742.17 Exports of firearms to OAS member countries.
* * * * *
(b) Licensing policy. Applications supported by an FC Import
Certificate or equivalent official document issued by the government of
the importing country for such items will generally be approved, except
there is a policy of denial for applications to export items linked to
such activities as drug trafficking, terrorism, and transnational
organized crime.
* * * * *
Supplement No. 3 to Part 742 [Removed]
0
10. Remove and reserve supplement no. 3 to part 742.
PART 743--SPECIAL REPORTING AND NOTIFICATION
0
11. The authority citation for 15 CFR part 748 is revised to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
223; 78 FR 16129.
Sec. 743. 6 [Removed and Reserved]
0
12. Remove and reserve Sec. 743.6.
PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND
DOCUMENTATION
0
13. The authority citation for 15 CFR part 748 is revised to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228.
0
14. Amend Sec. 748.12 by:
0
a. Revising the introductory text and paragraphs (a) and (a)(1);
0
b. Removing and reserving paragraph (a)(2)(ii); and
0
c. Revising paragraphs (a)(3), (b), (c), and (d).
The revisions read as follows:
Sec. 748.12 Firearms import certificate or import permit.
License applications for certain firearms and related commodities
require support documents in accordance with this section. For
destinations that are members of the Organization of American States
(OAS), an FC Import Certificate, equivalent official document, or the
electronic equivalent document officially issued by the foreign
government is required in accordance with paragraphs (a) through (d) of
this section. For other destinations that require a firearms import
certificate or permit, the firearms import certificate or permit is
required in accordance with paragraph (e) of this section.
(a) Requirement to obtain and submit documentation for OAS member
states. Unless an exception in Sec. 748.9(c) applies, an FC Import
Certificate is required for license applications for firearms and
related commodities, regardless of value, that are destined for member
countries of the OAS. This requirement is consistent with the OAS Model
Regulations described in Sec. 742.17 of the EAR.
(1) Items subject to requirement. Firearms and related commodities
are
[[Page 47194]]
those commodities controlled for ``FC Column 1'' reasons under 0x5zz
ECCNs.
(2) * * *
(ii) [Reserved]
(3) Equivalent official document in place of an FC Import
Certificate. For those OAS member countries that have not yet
established or implemented an FC Import Certificate procedure, BIS will
accept an equivalent official document (e.g., import license or letter
of authorization) issued by the government of the importing country as
supporting documentation for the export of firearms and related
commodities.
(b) Obtaining the document. (1) Applicants must request that the
importer (e.g., ultimate consignee or purchaser) obtain the FC Import
Certificate or an equivalent official document from the government of
the importing country, and that it be issued covering the quantities
and types of items that the applicant intends to export. Upon receipt
of the FC Import Certificate, its official equivalent, or a copy, the
importer must provide the original, official equivalent, or a certified
copy to the license applicant.
(2) If the government of the importing country will not issue an FC
Import Certificate or its official equivalent, the applicant must
supply the information described in paragraphs (c)(1) and (c)(6)
through (c)(8) of this section on company letterhead.
(c) Content of the document. The FC Import Certificate or its
official equivalent must contain, as applicable, the following
information:
(1) Applicant's name and address. The applicant may be either the
exporter, supplier, or order party.
(2) FC Import Certificate Identifier/Number.
(3) Name of the country issuing the certificate or unique country
code.
(4) Date the document was issued, in international date format
(e.g., 24/12/12 for 24 December 2012, or 3/1/99 for 3 January 1999).
(5) Name of the agency issuing the certificate, address, telephone
and facsimile numbers, signing officer name, and signature.
(6) Name of the importer, address, telephone and facsimile numbers,
country of residence, representative's name if commercial or government
body, citizenship, and signature.
(7) Name of the end user(s), if known and different from the
importer, address, telephone and facsimile numbers, country of
residence, representative's name if commercial (authorized distributor
or reseller) or government body, citizenship, and signature. Note that
BIS does not require the identification of each end user when the
firearms and related commodities will be resold by a distributor or
reseller if unknown at the time of export.
(8) Description of the commodities approved for import including a
technical description and total quantity of firearms, parts and
components, ammunition and parts.
Note 1 to paragraph (c)(8): You must furnish the consignee with
a detailed technical description of each commodity to be given to
the government for its use in issuing the FC Import Certificate. For
example, for shotguns, provide the type, barrel length, overall
length, number of shots, the manufacturer's name, an
[…truncated; see source link]Indexed from Federal Register on September 30, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.