Firearms Rule

On March 9, 2020, jurisdiction over the control of certain firearms and related items was transferred from the U.S. Department of State’s United States Munitions List (USML) (see 22 CFR Part 121) to BIS.

On April 30, 2024, BIS will publish an interim final rule (IFR) updating the Export Administration Regulations (EAR) to enhance the control structure for firearms and related items under BIS’s jurisdiction. The April 2024 IFR, which will be effective on May 30, 2024, includes, among other updates, revised license review policies for firearms and related items.

These policies are designed to advance U.S. national security and foreign policy interests, which include countering the diversion and misuse of firearms and related items and advancing human rights. U.S. Department of State Firearms Guidance Memorandum In developing the revised license review policies for firearms and related items, the Department of Commerce requested that the Department of State (State) develop a list of destinations in which there is a substantial risk that lawfully exported firearms sold to non-government end users could be diverted or misused in a manner adverse to U.S. national security and foreign policy.

As outlined in State’s April 2024 Guidance Memorandum, which is linked below, State leveraged its expertise in foreign policy and in various subject matter areas – including human rights, international counternarcotics, counterterrorism, and arms control – and expertise from stakeholders across the U.S. Government to develop a methodology for identifying such destinations.

The Guidance Memorandum identifies 36 destinations where there is a substantial risk that firearms and related items exported to non-government end users will be diverted or misused in a manner adverse to U.S. national security and foreign policy.

The IFR identifies these destinations in Supplement No. 3 to Part 742 of the EAR (High-Risk Destinations for Firearms and Related Items). State, as chair of the formal interagency working group (“The Safeguard”) tasked with evaluating firearms export licensing policies and risks related to the diversion or misuse of firearms, will continue to review the methodology and destinations identified in its Guidance Memorandum.

The Guidance Memorandum, including the list of destinations, will be updated approximately annually, or more frequently as needed, in order to further U.S. national security and foreign policy interests. BIS will review any changes to the Guidance Memorandum and, as appropriate, make further revisions to the EAR. 

 • April 2024 – U.S. Department of State Firearms Guidance Memorandum [link]