Government Contracts BIS Updates EAR Export Enforcement Provisions
Wednesday, December 23, 2020

BIS Updates EAR Export Enforcement Provisions

By Government Contracts Editorial Staff

A final rule issued by the Bureau of Industry and Security amends the Export Administration Regulations to implement the Export Control Reform Act of 2018 (50 USC 4801 through 4852). The ECRA repealed most of the Export Administration Act of 1979, which had lapsed. The rule replaces existing EAA references with references to ECRA and other export laws and regulations, and expands the scope of the Secretary of Commerce’s authority as provided in the ECRA. Specifically, the rule implements:

  • pre-license checks and post-shipment verifications (EAR 734.11 and EAR 750.4);
  • overseas investigative authority, searches, inspections, detentions, and seizures, and related authorities concerning exports, reexports, and transfers (in-country) (EAR 734.11, and EAR 758.7 through EAR 758.9);
  • inspection of books, records, and other information (EAR 758.7 and EAR 762.7); and
  • violations and penalties (EAR 748.4, EAR 764.1 through EAR 764.3, and EAR 766.25).

The rule went into effect on November 18, 2020. For the text of this final rule, see ¶72,750.495.

Back to Top

Interested in submitting an article?

Submit your information to us today!

Learn More