Background

The Bureau of Industry and Security has announced that, effective Oct. 27, it has suspended exports of guns and ammunition and related export assistance activities for approximately 90 days. Additional steps could be taken after BIS completes a review of current firearms export control review policies to “more effectively assess and mitigate the risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities.”

BIS states that this pause applies to its issuance of new licenses involving exports of firearms, related components, and ammunition controlled under export control classification numbers 0A501, 0A502, 0A504, and 0A505 that are destined for non-governmental end-users worldwide. Shipments to Ukraine, Israel, or countries in Country Group A:1 (Wassenaar Arrangement participants) are exempt from this suspension.

Consistent with this action, BIS states, the International Trade Administration is pausing its acceptance of new requests for export assistance (fee or non-fee-based) for firearms and ammunition to non-governmental end-users worldwide (with the same exceptions). The ITA pause applies to semi-automatic and non-automatic firearms, shotguns, and receivers (frames) and ammunition.

BIS notes that while license applications that include the impacted ECCNs and were previously submitted or are currently in process are subject to the pause, export licenses that have already been issued or received are not and exporters may therefore continue to export in accordance with the terms and conditions of such licenses. Nevertheless, BIS retains the authority to modify, suspend, or revoke licenses as appropriate.

For more information on these export restrictions, please contact attorney Kristine Pirnia via email.

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