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BIS Considering Congressional Notification Requirement for Firearms Exports

The Bureau of Industry and Security sent a final rule for interagency review that would introduce a congressional notification requirement for certain weapons exports. The rule, sent to the Office of Information and Regulatory Affairs May 17, would require notifications for certain semiautomatic firearms exports under the Export Administration Regulations.

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The State Department in 2020 transferred export control authority for a range of firearms, ammunition and other defense items to the Commerce Department ​​(see 2001170030). The move was met with backlash from some lawmakers who argued it would lead to less oversight over gun exports, partly because firearms shipments worth more than $1 million would no longer be subject to a congressional notification requirement (see 1904230049).

Sen. Bob Menendez, D-N.J., held up the confirmation of BIS Undersecretary Alan Estevez earlier this year after Estevez declined to take a stance on the weapons transfer issue (see 2109210058). Menendez said Commerce needed to follow through on President Joe Biden’s campaign promise to reverse the rule but eventually voted to approve Estevez after discussions with the agency (see 2204010006). A Menendez spokesperson didn’t respond to a request for comment on the new rule being considered by BIS.