Export controls, Section 232 tariff exclusions, and foreign country sanctions are among the topics on the Department of Commerce’s most recent semiannual regulatory agenda, which lists the following regulations affecting international trade that could be issued within the next year. The expected timeframes for issuance of these rules are indicated in parentheses.

- a proposed rule to make additional revisions to the Section 232 tariff exclusions process (July 2023, previously January 2023)

- a proposed rule to amend seafood import permitting requirements, reporting and recordkeeping requirements, and entry filing requirements (July 2023, previously January 2023; advanced notice of proposed rulemaking issued in July 2022)

- a proposed rule to remove a specific import prohibition on toothfish from certain areas of the Indian Ocean and make allowances for an online option for seafood importers to apply for preapproval certificates for imports of frozen toothfish (July 2023, previously January 2023)

- a final rule to revise the regulations defining the criteria and process for identification and certification of nations with vessels engaged in illegal, unreported, and unregulated fishing, bycatch of protected living marine resources, and unsustainable shark catch on the high seas (July 2023, previously January 2023; proposed rule issued July 2022)

- a final rule implementing the USMCA mechanism for settling disputes over AD/CV duty determinations (July 2023, previously January 2023; interim final rule issued December 2021)

- a proposed rule to enhance the availability of electronic foreign-trade zone application fee payments (July 2023, previously March 2023)

- a final rule implementing additional export controls on advanced computing and semiconductor manufacturing items (July 2023, previously March 2023, interim final rule published October 2022)

- a final rule to add a conditional data element, country of origin, when the foreign indicator is selected in the electronic export information filed through the Automated Export System (July 2023; proposed rule issued in December 2021)

- a final rule amending procedures related to administrative protective orders and service of documents submitted in AD/CV proceedings (July 2023, first time published; proposed rule issued in November 2022)

- a final rule expanding and strengthening existing sanctions against Russia and Belarus, including the scope of the Russian and Belarussian industry sector sanctions, and refining existing export controls on Russia and Belarus (July 2023, first time published)

- a final rule imposing restrictions on exports, reexports, and transfers (in-country) to persons whose property and interests in property are blocked pursuant to Executive Order 14024 (August 2023, previously February 2023)

- a final rule reducing the concentration level below which the Chemical Weapons Convention Regulations exempt mixtures containing a Schedule 2A chemical from declaration requirements (August 2023, previously March 2023)

- a final rule making releases of technology for standards setting or development in standards organizations not subject to the EAR (August 2023, previously June 2023; interim final rule issued June 2020)

- a proposed rule to impose export controls on brain-computer interface emerging technology (August 2023, previously June 2023; ANPR issued in October 2021)

- a proposed rule to restructure and streamline the current country group structure used to determine license requirements for items exported, reexported, or transferred (in-country) that are subject to the EAR (August 2023, previously June 2023)

- a proposed rule to establish export controls on instruments for the automated chemical synthesis of peptides (August 2023, previously July 2023; ANPR issued September 2022)

- a proposed rule that would control U.S. persons’ support of foreign military, intelligence, and security end-users and end-uses; restrict exports, reexports, and transfers (in-country) to these end-users and end-uses; and clarify the prohibition against certain maritime nuclear propulsion plant end-uses (August 2023)

- a final rule to improve and augment the scope, circumvention, and covered merchandise proceedings in AD/CV duty cases and define “particular market situation” (September 2023, first time published; proposed rule issued May 2023)

- a proposed rule to add and remove items whose export is controlled for crime control reasons (September 2023, previously March 2023)

- a proposed rule to implement licensing or other pre-clearance for transactions involving information and communications technology and services (September 2023, previously May 2023; ANPR issued in March 2021)

- a final rule modifying license exception APR (additional permissive reexports) to remove provisions that authorize reexports of certain national security-controlled items (September 2023, previously June 2023; proposed rule issued April 2020)

- a final rule to collect a new export data element for items under U.S. Munitions List Category XXI (September 2023, first time published; proposed rule issued in May 2023)

- a proposed rule to establish a framework for how BIS will identify classes of information and communication technology and services transactions and the types of authorizations required by U.S. or foreign persons to engage in ICTS transactions within a specific class (September 2023, first time published)

- a final rule revising export licensing requirements for certain cameras, systems, or related components (October 2023, previously January 2023)

- a proposed rule to identify emerging and foundational technologies that are essential to U.S. national security and may warrant stricter export controls (October 2023, previously February 2023; ANPR issued August 2020)

- a proposed rule to update and clarify certain provisions of license exception AVS (aircraft, vessels, and spacecraft) (October 2023, previously June 2023)

- a proposed rule to establish export controls on cloud computing and data center products and services that are designed, developed, manufactured, or supplied by entities under the ownership or control of, or subject to the jurisdiction or direction of, a foreign adversary (October 2023, first time published)

- a final rule expanding restrictions on the availability of license exception STA (strategic trade authorization) (November 2023, previously March 2023; proposed rule issued in October 2021)

- a proposed rule to establish a mandatory electronic submission requirement for annual declarations and reports under the Chemical Weapons Convention regulations (March 2024, previously March 2023)

Rulemakings Completed

- a final rule imposing new unilateral export controls on four marine toxins 

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