On October 27, 2023, the U.S. Department of Commerce announced an immediate pause on the issuance of new export licenses for certain firearms, related components and ammunition for a period of approximately 90 days. This pause applies globally to all non-governmental end users with some exceptions, notably for Ukraine, Israel and countries in Country Group A:1 (Wassenaar Arrangement Participating States). During this pause, the department will conduct a review to reassess current firearm export control policies with a focus on U.S. national security and foreign policy interests. The aim is to mitigate the risk of these firearms being misused in ways that could destabilize regions, violate human rights or fuel criminal activities.

The pause specifically targets items controlled under four Export Control Classification Numbers (ECCNs): ECCN 0A501, ECCN 0A502, ECCN 0A504 and ECCN 0A505. These items, when intended for non-governmental end users, will be affected by the pause unless they are destined for Ukraine, Israel or a country in Country Group A:1. Items being exported to these exceptions will continue to be reviewed for license applications, along with exports to any governmental end users worldwide.

During this period, exporters can still submit their license applications, but those subject to the pause will be placed on “Hold Without Action” (HWA) and will not be processed until the pause ends. Licenses that have already been issued prior to the pause remain valid and unaffected. However, it should be noted that the Bureau of Industry and Security (BIS) retains the authority to modify, suspend or revoke these licenses if necessary. BIS will notify exporters when the pause is over. Importantly, the License Exception for Limited Value Shipments is still available for parts and components controlled by ECCNs subject to the pause.

This pause and review signifies a pivotal moment for the firearm export industry and may herald new regulatory landscapes in the near future. Companies and individuals involved in these exports should closely monitor any announcements from the department and BIS and may need to adjust their strategies accordingly.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of Kristina Shcheglazova* Kristina Shcheglazova*

Kristina focuses her practice on advising clients on issues related to the importation and exportation of goods, including customs issues such as the classification of goods, country of origin, customs procedures and prior disclosures. She also assists clients with sanctions and export control…

Kristina focuses her practice on advising clients on issues related to the importation and exportation of goods, including customs issues such as the classification of goods, country of origin, customs procedures and prior disclosures. She also assists clients with sanctions and export control matters, including compliance with various sanctions and export control requirements, due diligence and sanctions screenings, and advises clients on the application of U.S. sanctions and export control licensing requirements. Her experience extends to addressing issues of forced labor in supply chains, assisting clients with government contracting matters and advising on anti-corruption policies.

*Licensed in MO only, not IL; limited to federal practice only.