By John Herzo, J.D.
Senior Compliance Associate
On September 29, 2025 via 90 Fed. Reg. 47170, the Department of Commerce’s Bureau of Industry and Security (“BIS”) rescinded in part Interim Final Rule, 89 Fed. Reg. 34680 (“Firearms IFR”), that imposed additional export requirements on the export of EAR regulated firearms, related ammunition and components thereof.
The Firearms IFR imposed a range of additional requirements, including:
- A “presumption of denial” for exports to non-governmental user (civilian and commercial entities) to the following 36 “high-risk” countries: Bahamas, Bangladesh, Belize, Bolivia, Burkina Faso, Burundi, Chad, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Indonesia, Jamaica, Kazakhstan, Kyrgyzstan, Laos, Malaysia, Mali, Mozambique, Nepal, Niger, Nigeria, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Suriname, Tajikistan, Trinidad and Tobago, Uganda, Vietnam, and Yemen;
- Export license requirements on sporting shotguns and optics to U.S. allies;
- Limited the use of EAR License Exceptions BAG 15 CFR § 740.14 and LVS § 740.3;
- Additional documentation requirements for license applications:
o Purchase Order for all license applications for EAR regulated firearms, related ammunition and components;
o Import Certificate or Equivalent Document for all license applications for EAR regulated firearms, related ammunition and components; and
o Passport or National ID Card for all license applications for exports of EAR regulated firearms, related ammunition and components to individuals (Natural Persons);
- Shorter validity period, one (1) Year as opposed to four (4) Years for other BIS 748P licenses for all BIS 748P licenses for the permanent export of EAR regulated firearms, related ammunition and components.
The current rule, 90 Fed. Reg. 47170, revokes a majority of the changes made to the EAR by the Firearms IFR, 89 Fed. Reg. 34680, and restores a majority of the export rules for EAR regulated firearms, related ammunition and components that previously existed. However, the current rule retains the four new ECCNs (0A506, 0A507, 0A508, and 0A509) implemented by Firearms IFR, 89 Fed. Reg. 34680, and does not remove the requirements to obtain BIS 748P licenses for most exports of EAR regulated firearms, related ammunition and components.
The current rule, 90 Fed. Reg. 47170, revokes the purchase order requirements for BIS 748P license applications for EAR regulated firearms, ammunition and components and the requirement for an Import Certificate or Equivalent Document. However, an Import Certificate or Equivalent Document is still a requirement for BIS 748P license applications for exports to countries that require these documents for entry of firearms, ammunition and components into their country. It should be noted that the Import Certificate or Equivalent Document in these instances was a requirement of the EAR prior to implementation of Firearms IFR, 89 Fed. Reg. 34680.
The current rule, 90 Fed. Reg. 47170, also revokes the requirement for a Passport or National ID Card to support a BIS 748P license application for export to individuals (Natural Persons).
Lastly, the current rule, 90 Fed. Reg. 47170, reinstates the four (4) year validity period for BIS 748P licenses for firearms, ammunition and components.
What does the current rule, 90 Fed. Reg. 47170, mean for U.S. exports of EAR regulated firearms, ammunition and components:
- There is a wider range of countries to which EAR regulated firearms, ammunition and components can be exported to without the BIS 748P license application being reviewed with a presumption of denial;
- There are less supporting documentation requirements to obtain a BIS 748P license EAR regulated firearms, ammunition and components;
- EAR License Exceptions BAG § 740.14 and LVS § 740.3 may be available for the export of EAR regulated firearms, ammunition and components;
- BIS 748P licenses for the export of EAR regulated firearms, ammunition and components will now be valid for four (4) Years.
What is not clear in the current rule, 90 Fed. Reg. 47170, is whether any BIS 748P licenses that were either revoked or modified by the Firearms IFR, 89 Fed. Reg. 34680, will be reinstated or reinstated without their modifications.
FD Associates suggests that any exporter that had their BIS 748P license revoked or modified contact Benjamin Barron, Supervisory Export Policy Analyst, Bureau of Industry and Security, Department of Commerce, Phone: 202-482-4252, or Ronald Rolfe, Supervisory Export Policy Analyst, Bureau of Industry and Security, Department of Commerce, Phone: 202-482-4563 or by Firearms@bis.doc.gov to determine if their revoked or modified license(s) will be reinstated.