Background

Import and export rules, requirements for emerging technologies, and product labeling are among the topics of regulations set forth in the semiannual regulatory agendas recently issued by a number of federal agencies. These online resources list the following regulations affecting international trade that could be issued within the next year, with the expected timeframes indicated in parentheses.

- a State Department final rule updating defense trade policy concerning several countries (June 2021; interim final rule published September 2016)

- Food and Drug Administration proposed rules to remove requirements that apply to importers of food for humans and animals concerning requirements to obtain written assurance from the customer that identified hazards will be controlled (June 2021; previously December 2020)

- a State Department interim final rule to (1) clarify the definitions of “export” and “reexport,” (2) replace the term “national” with “person” in the Canadian exemption, and (3) revise the exemption for intra-company, intra-organization, and intra-governmental transfers to dual or third-country nationals (July 2021; first time published)

- an FDA final rule instituting procedures by which the FDA may (1) establish or amend tolerances for unapproved new animal drugs where edible portions of animals imported into the U.S. may contain residues of such drugs or (2) revoke an existing import tolerance (July 2021; previously December 2020)

- a Fish and Wildlife Service proposed rule to (a) add 25 ports as designated ports authorized for the importation or exportation of wildlife, (b) add three new designated ports at Kona, Hawaii; Norfolk, Va.; and Orlando, Fla; and (3) add 15 designated ports authorized for the importation or exportation of live venomous reptiles and 18 designated ports authorized for the importation and exportation of live non-human primates (July 2021; previously January 2021)

- a State Department final rule to amend the International Traffic in Arms Regulations to (a) create definitions for activities that are not exports, re-exports, or retransfers, (b) remove from ITAR licensing requirements the electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons, and (c) create a definition for “access information” and revise the definition of “release” to include the improper provision of access information to foreign persons (July 2021, previously April 2021; interim final rule published December 2019)

- a State Department interim final rule to expand the definition of activities that are not exports, reexports, retransfers, or temporary imports (August 2021; first time published)

- a State Department final rule to expand the list of personal protective equipment covered by the exemption in ITAR section 123.17 (August 2021; first time published)

- a Department of Agriculture proposed rule that would amend (1) the requirements for temporary exports of horses to contagious equine metritis-affected regions and the requirements for horses imported from screwworm-affected regions, (2) the general testing and quarantine requirements for horses imported by air, and (3) the requirements for imports of horses from Canada (August 2021; previously January 2021)

- a State Department proposed rule to provide for the filing of trade documents for shrimp and shrimp products in the International Trade Data System (September 2021; previously January 2021)

- a State Department final rule revising and excluding entries on the U.S. Munitions List that no longer warrant inclusion and adding entries for critical and emerging technologies that do (October 2021; previously December 2020)

- an FDA final rule requiring certain data elements to be submitted in the Automated Commercial Environment for veterinary devices (November 2021, previously August 2021; proposed rule issued August 2020)

- a USDA proposed rule to define the conditions under which meat product labels can bear voluntary statements indicating that the product is of U.S. origin (November 2021; previously April 2021)

- an FDA proposed rule to make clarifying changes to the general provisions related to the registration of food facilities rule (December 2021; previously March 2021)

- an FDA proposed rule revising requirements that apply to produce that satisfies criteria for an exemption from the produce safety rule because it will receive commercial processing to adequately reduce the presence of microorganisms of public health significance (December 2021; previously July 2021)

- a USDA final rule to expand the categories of meat and poultry product labels that will be deemed generically approved and not required to be submitted to USDA (December 2021, previously September 2021; proposed rule issued September 2020)

- a Federal Trade Commission final rule to repeal the apparel care labeling rule (January 2022, previously June 2021; supplemental proposed rule issued July 2020)

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