The BIS amended the EAR: (i)  to revise the general licensing policy from one of denial to one of case-by-case licensing for exports and reexports to Sudan of telecommunications equipment and associated computers, software, and technology for civil end use, including items useful for the development of civil telecommunications network infrastructure; (ii) to revise License Exception Consumer Communications Devices (CCD) (which previously applied only to consumer communications devices to Cuba) to authorize exports and reexports of such devices to Sudan; (iii) to make minor technical changes to the list of items that are eligible for both Sudan and Cuba under the license exception; (iv) to make changes to License Exception Temporary Imports, Exports, Reexports and Transfers (in-country) in light of the changes to License Exception CCD; and (v) to remove a license requirement for reexports to Sudan of certain telecommunications software. 

The BIS amended the EAR, inter alia,  to revise six Export Control Classification Numbers (ECCNs) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September and October 2014 Plenary in Oslo, Norway.

The BIS made extensive revisions to the CCL to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies at the December 2014 WA Plenary Meeting.

The BIS issued a final rule amending the EAR to facilitate internet-based communications with persons in the Crimea region of the Ukraine by allowing exports or reexports without a license to that region of software that is necessary to enable the exchange of personal communications over the Internet, provided that such software is designated EAR99, or is classified as mass market software under Export Control Classification Number (ECCN) 5D992.c of the EAR, and provided further that such software is widely available to the public at no cost to the user. This final rule is being published simultaneously with the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issuance of General License No. 9, which authorizes the export or reexport from the United States or by U.S. persons to the Crimea region of the Ukraine of certain services and software incident to the exchange of personal communications over the Internet.

The BIS published a final rule making a second set of corrections and clarifications to an earlier interim final rule, which added controls to the EAR for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV— spacecraft and related items.

The BIS amended the EAR by removing the Special Comprehensive License (SCL) authorization because the BIS has determined that the SCL has outlived its usefulness to the exporting public since recent changes to the EAR permit exporters to accomplish similar results using individual licenses and without undertaking the more onerous SCL application.

The BIS modified the DPAS regulations by adding Spain to the list of countries with which the DOD has entered into security of supply arrangements.

The BIS published a rule to correct an error in License Exception Temporary imports, exports, reexports, and transfers (in-country) (TMP) to make consumer communications devices and related software eligible for temporary export and reexport to Sudan as "tools of trade."

The BIS published corrections to typographical errors in a Note to ECCN 1C351.a (which includes viruses identified on the AG "List of Human and Animal Pathogens and Toxins for Export Control") in the final rule first published on June 16, 2015 (80 FR 34266), which amended the Export Administration Regulations (EAR) to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure.

The BIS amended the EAR to revise the existing authorizations for Validated End Users Advanced Micro-Fabrication Equipment, Inc., China (AMEC) and Applied Materials (China), Inc. (AMC) in the People’s Republic of China (PRC), specifically by amending Supplement No. 7 to Part 748 of the EAR to add one item to AMEC’s list of eligible items that may be exported, reexported or transferred (in country) to the company’s eligible facility in the PRC, and to add a facility and an item to Validated End User AMC’s list of eligible destinations and eligible items.

The BIS published an interim final rule amending the Export Administration Regulations (EAR) to classify XBS Epoxy Systems under Export Control Classification Number (ECCN) 0C521 on the Commerce Control List (CCL)  and to impose on such items a license requirement for export and reexport to all destinations, except Canada.

The BIS proposed to amend the EAR's Commodity Control List (CCL) by creating new "600 series" ECCNs 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611, and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. In addition, the proposed rule would: (i) expand the scope of control for certain night vision items currently subject to the EAR; (ii) eliminate the use of some license exceptions; (iii) create new ECCNs for certain software and technology related to night vision items; (iv) expand the scope of end-use restrictions on certain exports and reexports of certain cameras, systems, or equipment; and (v) expand the scope of military commodities described in ECCN 0A919. 

The BIS proposed to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 by imposing a license requirement for the export, reexport, or transfer (in-country) of certain cybersecurity items to all destinations (except Canada). Although these cybersecurity capabilities were not previously designated for export control, many of these items have been controlled for their "information security" functionality, including encryption and cryptanalysis. This rule thus continues applicable Encryption Items (EI) registration and review requirements, while setting forth proposed license review policies and special submission requirements to address the new cybersecurity controls, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items.

The BIS proposed amendments to the EAR: (i) to revise the definitions of "technology," "required," "peculiarly responsible," "proscribed person," "published," results of "fundamental research," "export," "reexport," "release," "transfer," and "transfer (incountry)"; and (ii) to amend the Scope part of the EAR to update and clarify the application of controls to electronically transmitted and stored technology and software. Concurrently, the State Department proposed conforming amendments to the ITAR.

The BIS proposed to require reporting of offsets agreements in connection with sales of items controlled in "600 series" ECCNs on the CCL except for certain submersible and semisubmersible cargo transport vessels and related items that are not on control lists of any of the multilateral export control regimes of which the United States is a member.

The BIS and the Department of State each published notices of their respective plans to review the CCL and the Munitions List in light of recent changes to the control of certain military vehicles, vessels of war, submersible vessels, oceanographic equipment, auxiliary and miscellaneous military equipment, and related items therefor.

Department of Commerce

As authorized by Section 111 of the "Department of Commerce Appropriations Act, 2015," the Commerce Department issued an interim final rule amending its acquisition regulation (the "CAR") by inserting a section and amending a part to  provide procedures for waiving performance and payment bonds associated with contracts for the repair, alteration and construction of the NOAA fleet of research and survey vessels operated by the Office of Marine and Aviation Operations.

The Commerce Department's National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) proposed to establish a small business size standard of $11 million in annual gross receipts for all businesses in the commercial fishing industry (NAICS 11411), for Regulatory Flexibility Act (RFA) compliance purposes only. The proposed $11 million standard would be used in RFA analyses in place of the SBA's current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors of the U.S. commercial fishing industry, respectively. Subsequently, NFMS announced the rule would become final effective July 1, 2016.

Department of Energy

The DOE adopted as final, with changes, a rule amending its  Acquisition Regulation (DEAR) to add clauses regarding applicable export control requirements for DOE contracts.

Department of Justice