On August 3, 2018, the Bureau of Industry and Security, Commerce (BIS) published in the Federal Register a final rule [Docket No. 180228230-8230-01] amending the Export Administration Regulations (EAR) to conform to the Department of State’s (State) amendment of February 14, 2018 to the International Traffic in Arms Regulations (ITAR) that placed restrictions on exports of defense articles (and defense services) to the Republic of South Sudan (South Sudan). The State action reflected a policy determination by the Secretary of State that it was in the best interests of US foreign policy to impose such restrictions.
Consistent with the State action, in this amendment, BIS is updating the EAR to restrict the export and reexport of certain items on the Commerce Control List to South Sudan. Pursuant to established procedure, BIS adds South Sudan to the list of US embargoed countries under the EAR, a list drawn from the list of arms embargoes in the ITAR and State Federal Register notices, and adopts a restrictive license application review policy consistent with State’s review policy set forth in the ITAR. The rule was effective on the date of publication. See our earlier blog on the addition of 15 South Sudanese Parties to the Entity List following imposition of arms embargo against South Sudan.