Harden BIS export controls: China/Russia redesignations, Entity List denial, data EO, app bans
Mandate pushes BIS open rulemaking, equal agency votes on licenses, congressional AES data sharing, EAR modernization for countries of concern (redesignate China/Russia more prohibitively), tighter deemed-export rules, Entity List policy of denial plus Treasury sanctions, an EO restricting U.S. persons’ data exports, and designating apps such as WeChat and TikTok as covered.
Mandate
Mandate Ch. 21 (Commerce) — BIS: improve transparent rulemaking; equal agency votes with elevation to National Security Advisor; quarterly AES data to Congress; EAR priorities including redesignating China and Russia to more prohibitive licensing; tighten deemed exports; Entity List policy of denial and Denied Persons List/Treasury sanctions for violators; draft EO to restrict exports of U.S. persons’ data to countries of concern; designate app providers such as WeChat and TikTok.
Undo plan
1) Keep targeted national-security controls but restore due process and allied coordination.
2) Narrow overbroad data/app designations that chill benign commerce and speech.
3) Reinstate interagency dispute resolution that is not rubber-stamp denial.
4) Publish licensing metrics and humanitarian license pathways.
5) Verify: GAO review of economic collateral damage and evasion patterns.