BIS Updates Guidance on Regulations for Release to Dual or Foreign National
The Commerce Department’s Bureau of Industry and Security on Oct. 31 updated its guidance on releasing technology or source code subject to the Export Administration Regulations (EAR) to a dual or third party national outside the U.S. BIS will now allow exporters to use the BIS reexport guidance or the comparable International Traffic in Arms Regulations (ITAR) guidance for determining when a BIS or other EAR authorization is needed in circumstances that involve releases to dual or foreign nationals.
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In light of the Oct. 15 rule implementation that transferred items from the U.S. Munitions List (USML) to the Commerce Control List, the previous BIS policy in place would have required license obligations on certain reexport that did not exist for those items when they were on the USML list, BIS said. That is contrary to the interagency Export Control Reform effort to ease regulatory control, according to BIS. “If an additional authorization would not be required under ITAR or State Department guidance to release ITAR-controlled technical data outside the United States to a dual or third country national, then an additional EAR authorization is not required to release 600 series or any other technology or source code subject to the EAR to the same dual or third country national in the same situation,” said BIS.