BIS to Adopt EAR Congressional Notification Requirement for Certain Semiautomatic Firearms Exports

Written by Orchid

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June 01, 2022

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White text atop red background next to image of AR-15 semiautomatic rifle over Bureau of Industry and Security seal

Today, the Bureau of Industry and Security (BIS) issued a final rule amending Export Administration Regulations (EAR) to add a new section to adopt a congressional notification requirement for certain license applications of semiautomatic firearms meeting certain value and destination requirements.

Under the final rule, certain license applications having semiautomatic firearms that are (i) classified under Export Control Classification Number (ECCN) 0A501.a and (ii) valued at $4 million or more will require a congressional notification. However, the notification requirement will not apply if:

  • The total value of the application is valued at $4 million or more but contains 0A501.a semiautomatic firearms valued at less than $4 million.
  • The 0A501.a semiautomatic firearms are destined for countries in Country Group A:5 or A:6, with the exception of Mexico, South Africa, and Turkey.
  • Exports are to personnel and agencies of the U.S. Government under License Exception GOV or when for the official use by an agency of the North Atlantic Treaty Organization (NATO).

The congressional notification is warranted because of the unique nature of 0A501.a semiautomatic firearms and their prior jurisdiction under the International Traffic in Arms Regulations (ITAR). While the Commerce Control List (CCL) has long controlled certain firearms, the firearms subject to this congressional notification requirement are often used by military and law enforcement personnel, as well as for recreational purposes. Those items were transferred to BIS’s jurisdiction in a final rule published on January 23, 2020 (85 FR 4136) identifying firearms, guns, ammunition and related articles that no longer warranted control on the U.S. Munitions List and were transferred to the CCL.

This final rule does not change the interagency license process for these firearms or how license applicants currently structure or generally apply for BIS licenses.

Effective on July 18, 2022, en route shipments of items removed from eligibility for a License Exception or export, reexport, or transfer without a license (NLR) as a result of this regulatory action aboard a carrier to a port of export, reexport, or transfer may proceed to that destination.

For assistance with the latest final rule and its impact on your firearms export business and FFL, contact Orchid’s export professionals today.

Read BIS Final Rule

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