Export Administration Regulations: Crime Controls and Expansion/Update of U.S. Persons Controls

The Department of Commerce, Bureau of Industry and Security (BIS), seeks public comments on proposed amendments to the Export Administration Regulations (EAR) in support of U.S. national security and foreign policy interests. To build upon existing controls, BIS proposes establishing certain Foreign-Security End User (FSEU) and "U.S. persons" activities controls and Commerce Control List-based (CCL) controls. The proposed additions of the foreign-security end user control and "U.S. persons" activity controls would implement expanded authority under the Export Control Reform Act of 2018 (ECRA), as amended, to control certain "U.S. persons" activities under the EAR. Specific to the EAR's "U.S. persons" activities controls, BIS is proposing amendments to control "support" furnished by "U.S. persons" to identified foreign-security end users. In addition, BIS is proposing to add to the Commerce Control List two new unilateral item controls on facial recognition technology.