To “further enhance defense industrial base cooperation and technology innovation with Australia and the United Kingdom,” the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued an interim final rule (“IFR”) on April 18, 2024 to ease various licensing requirements prescribed by the Export Administration Regulations (“EAR”) for exports, reexports, or transfers (in-country) to or within the two countries.  The IFR, which takes effect April 19, 2024, bifurcates its amendments into “major” and “minor” policy changes, respectively, and essentially extends the same licensing treatment enjoyed by Canada under the EAR to Australia and the United Kingdom.  The changes thus directly support the stated goals of the AUKUS Trilateral Security Partnership “to deepen diplomatic, security, and defense cooperation in the Indo-Pacific region,” while also indirectly facilitating general defense trade, innovation, and information and technology sharing between and among the AUKUS nations.  Built upon longstanding and ongoing bilateral ties, AUKUS was established on September 15, 2021.

The most notable “major” policy change of the IFR is the removal of licensing requirements for national security column 1 (NS1), regional stability column 1 (RS1), and missile technology column 1 (MT1) reasons for control imposed on Australia and the United Kingdom in the Commerce Country Chart (see Supplement No. 1 to Part 738 of the EAR).  Considering Australia and the United Kingdom are already not subject to national security column 2 (NS2) and regional stability column 2 (RS2) reasons for control, the IFR thus eliminates all Commerce Country Chart-based NS and RS controls for both countries.  Correspondingly, certain provisions in Part 742 of the EAR specifying license requirements pursuant to NS, RS, and MT reasons will be removed for Australia and the United Kingdom, too.

Other noteworthy “major” policy changes of the IFR include the abolishment of licenses for “600 series” items destined to Australia or the United Kingdom, the elimination of licenses for many 9×515 satellite-related items destined to either AUKUS member, and the removal of military end-use and end-user-based license requirements for certain cameras, systems, or related components detailed in Part 744.9 of the EAR.

While the “major” policy changes thus broaden the alignment of controls on Australia and the United Kingdom with those in effect for Canada, most “minor” policy changes of the IFR simply update various clarifying phrases included in the EAR.

Perhaps the most notable “minor” policy change, though, is new text to be included in three license exceptions—Aircraft, Vessels and Spacecraft (AVS); Additional Permissive Reexports (APR); and Encryption Commodities, Software, and Technology (ENC)—explicitly expanding the applicability of all three for exports, reexports, and transfers (in-country) to Australia, Canada, and the United Kingdom.

The IFR is effective on April 19, 2024.  However, to ensure the export control revisions implemented by the IFR advance AUKUS objectives, BIS invites public comments on the impact of these changes, and welcomes comments for revisions, corrections, and clarifications too.  Comments must be received by BIS no later than June 3, 2024, and should be filed using the Federal rulemaking portal (www.regulations.gov).  The Docket ID No. for this IFR is BIS–2024–0019; commenters, however, should also reference RIN 0694–AJ58 in all comments.

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 Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.

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.