In a press release published on December 7, 2023, the Bureau of Industry and Security (BIS) announced three rules to help ease some export licensing requirements and increase the availability of export license exceptions.

The first rule is a final rule, and changes requirements for specific Australia Group (AG)-controlled pathogens and toxins so that a license is no longer required for AG countries. This rule also removes the crime control licensing requirement for certain items destined to various countries that are a part of the Global Export Controls Coalition (GECC) and “maintain a commitment to protecting human rights.”

The second final rule expands the eligibility of license exceptions for certain missile technology items to additional countries. The group of eligible countries excludes “countries of concern for missile technology reasons” and countries subject to a U.S. arms embargo.

The proposed third rule seeks public comment regarding efforts to enhance and facilitate the use of License Exception Strategic Trade Authorization (STA). Several changes, including clarifying which items are eligible for exception, have been proposed to encourage usage of STA.

The final rules for AG-controlled pathogens and for expanding certain missile technology exceptions went into effect December 8, 2023. Comments are due on the proposed rule facilitating the use of STA by February 6, 2024.

The BIS press release can be found here:
https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3391-press-release-12-7-final/file

The final rule on AG controlled pathogens and toxins can be found here:
https://www.federalregister.gov/documents/2023/12/08/2023-26532/allied-governments-favorable-treatment-revisions-to-certain-australia-group-controls-revisions-to

The final rule on license exception eligibility on missile technology items can be found here:
https://www.federalregister.gov/documents/2023/12/08/2023-26682/export-administration-regulations-for-missile-technology-items-2018-2019-and-2021-missile-technology

The proposed rule on the simplification of STA license exception can be found here:
https://www.federalregister.gov/documents/2023/12/08/2023-26681/proposed-enhancements-and-simplification-of-license-exception-strategic-trade-authorization-sta