Clifford Chance

Amending the Way Export Licenses Will Be Granted (or Not)

October 9, 2020

The US Department of Commerce, Bureau of Industry and Security issued a final rule "Amendment to Licensing Policy for Items Controlled for Crime Control Reasons" amending the US Export Administration Regulations that impacts how BIS could consider human rights concerns when making licensing decisions. Starting October 6, 2020, certain BIS licensing decisions will be based, in part, on "U.S. Government assessments of whether items may be used to engage in, or enable violations or abuses of, human rights." The change gives BIS a new ground on which to deny a license application and will apply to a broad range of goods.

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