Bureau of Industry and Security extends affiliates export rule stay to January

The Bureau of Industry and Security (BIS), an agency of the Department of Commerce, has extended until 10 January 2027 the suspension of its interim final rule expanding end-user controls to cover affiliates of certain listed entities, a suspension that was due to expire on 9 November 2026. The decision was published as a final rule and stay in the Federal Register of 9 November 2026 (Vol. 91, No. 215), under Docket No. 261027-0002 and RIN 0694-AK34, effective the same day.

The rule at stake amends 15 CFR Parts 732, 734, 736, 744, and 748. BIS first issued the underlying measure, titled “Expansion of End-User Controls to Cover Affiliates of Certain Listed Entities” and known as the Affiliates Rule, as an interim final rule at 90 FR 47201. It then published a final rule, “One Year Suspension of Expansion of End-User Controls for Affiliates of Certain Listed Entities,” at 90 FR 50857, imposing a one-year suspension of the Affiliates Rule that was set to end on 9 November 2026.

Under the new action, the amendments to those five parts of the Export Administration Regulations are further stayed until 10 January 2027. BIS states that the continued suspension covers the licence requirements and related provisions of the Affiliates Rule, and that it estimates no changes to the information collections tied to those provisions.

Legal basis and procedural route

BIS rests the rule on the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801–4852), and in particular Section 1753 (50 U.S.C. 4812), which authorises regulation of exports, reexports and in-country transfers of items subject to U.S. jurisdiction, and Section 1754(a)(1)–(16) (50 U.S.C. 4813(a)(1)–(16)), which authorises maintaining lists of foreign persons and end uses deemed a threat to national security and foreign policy.

Citing Section 1762(a) of ECRA (50 U.S.C. 4821(a)), the agency issued the measure as a final rule without prior notice and comment. BIS says it did not consider public comments received on the Affiliates Rule in this action, but that those comments will be considered for future, subsequent rulemakings.

Determinations and official sign-off

The rule was determined not significant for purposes of Executive Order 12866 and is not a regulatory action under Executive Order 14192. BIS also found no federalism implications under Executive Order 13132, and no final regulatory flexibility analysis was prepared because notice and comment were not required.

The document was signed by Jeffrey I. Kessler, Under Secretary for Industry and Security. The published contact for the rulemaking is Noah Jaffe of BIS.

Paperwork burden left unchanged

BIS listed the OMB-approved information collections involved and their estimated burden hours, stating that the continued suspension produces no change to them:

• OMB 0694–0088, “Simple Network Application Process and Multipurpose Application Form,” 29.7 minutes per manual or electronic submission.
• OMB 0694–0096, “Five Year Records Retention Period,” under 1 minute.
• OMB 0607–0152, “Automated Export System (AES) Program,” 3 minutes per electronic submission.
• OMB 0694–0134, “Procedure for parties on the Entity List or the Unverified List to Request Removal or Modification of their Listing,” 15 hours per electronic submission.

Key dates in the sequence

• Interim final rule (Affiliates Rule) published at 90 FR 47201.
• One-year suspension published at 90 FR 50857, with the stay applied in November 2025.
• Original expiry of the suspension: 9 November 2026.
• New expiry under this final rule: 10 January 2027.

The extension buys roughly two additional months of regulatory certainty for exporters, freight forwarders and trade-compliance teams that ship technology and components to or through counterparties tied to listed entities. Until 10 January 2027 the Affiliates Rule remains inoperative, so the pre-existing end-user controls continue to govern licensing decisions, and any broader application of affiliate-based controls now shifts to the next deadline unless BIS acts again.

Source: Federal Register, Vol. 91, No. 215, 9 November 2026, Rules and Regulations, p. 70789 (official reference: FR Doc. 2026-22793, Docket No. 261027-0002, RIN 0694-AK34).