U.S. interim final rules: Transfer of firearm suppressors to Commerce (EAR/CCL) jurisdiction and related export control changes
Export jurisdiction over certain firearm silencers transferred from the USML to the CCL
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and the U.S. Department of State have issued related interim final rules (IFRs) to transfer export jurisdiction over certain firearm silencers, mufflers, and sound suppressors from the United States Munitions List (USML) under the International Traffic in Arms Regulations (ITAR) to the Commerce Control List (CCL) under the Export Administration Regulations (EAR), while also implementing related updates to license exceptions and temporary import clearance procedures.
Read the BIS interim final rule and the State interim final rule.
The changes stem from a periodic review of the USML directed by the executive order "Reforming Foreign Defense Sales to Improve Speed and Accountability." The State Department determined that firearm silencers, mufflers, and sound suppressors—other than those specially designed for fully automatic firearms—no longer provide a critical military or intelligence advantage, given their growing global adoption for civil uses, benefits from reduced noise, and widespread foreign manufacturing. In contrast, the State Department will retain export control jurisdiction over suppressors specially designed for fully automatic firearms (which are military defense articles described in USML Category I(b) or (d)) under Category I(e) of the USML.
Under the related rules, the transferred suppressors will be controlled on the CCL under new Export Control Classification Numbers (ECCNs) 0A501.f (for suppressors capable of being used with rifles, pistols, or interchangeably with rifles, pistols, and shotguns) and ECCN 0A502.f (for suppressors for exclusive use with shotguns). License applications for these items will be reviewed on a case-by-case basis under reasons for control that include national security, regional stability, firearms convention, United Nations embargo, and anti-terrorism. Additionally, the rules expand License Exception Temporary Imports, Exports, Reexports, and Transfers (in-Country) (TMP) to allow employees of an owner to temporarily export or reexport company-owned firearms and related items, including suppressors, as tools of trade for legitimate business purposes.
The rules also clarify that temporary importers of any items subject to the EAR that are on the United States Munitions Import List (USMIL) can utilize the entry clearance procedures in § 758.10 of the EAR to facilitate imports without a separate permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Effective dates and comments
The rules are scheduled for publication in the Federal Register on July 23, 2026.
- Jurisdiction transfer: The transfer of export jurisdiction and the associated licensing controls on suppressors under ECCNs 0A501.f and 0A502.f will become effective 120 days after publication, on November 20, 2026.
- Procedural amendments: Several BIS procedural amendments will take effect immediately on the publication date of July 23, 2026. These include:
- The expansion of License Exception TMP for firearms used as tools of trade.
- Updates to License Exception Baggage (BAG) to permit the temporary export of shotguns, shotgun parts, and shotgun shells for personal use.
- Clarified temporary import entry clearance rules under § 758.10.
- Comments: Comments on both IFRs must be submitted within 30 days of publication, by August 22, 2026.
- Savings clause: A savings clause permits shipments of items removed from eligibility for a License Exception or NLR (No License Required) status that are already en route on the date of publication to proceed under previous terms, provided the transaction is completed within 30 days of publication (by August 22, 2026).