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UPDATE: BIS Affiliates Rule Suspended for One Year Following U.S.-China

By Faith Dibble & Thad McBride on November 3, 2025
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On October 30, U.S. Treasury Secretary Scott Bessent announced that the U.S. Department of Commerce, Bureau of Industry and Security (BIS) will delay the implementation of the recently announced BIS Affiliates Rule for one year.

The announcement followed negotiations between President Trump and China’s President Xi Jinping and came, according to Secretary Bessent, in exchange for China’s suspension of its rare earth export licensing regime. BIS has now published a final rule confirming that the suspension will be in effect from November 10, 2025 through November 9, 2026.

The Affiliates Rule was designed to close a longstanding loophole by extending restrictions to foreign affiliates of parties already subject to export restrictions. Under this rule, a foreign entity that is at least 50% owned, directly or indirectly, individually or in the aggregate, by one or more entities on the Entity List or Military End-User List, or by parties subject to controls specified at 15 CFR § 744.8 (related to Specially Designated Nationals (SDNs)), will itself be subject to the same restrictions as the listed entity.

In preparation for the rule’s reinstatement, whether after November 9, 2026, or sooner due to policy shifts, parties should evaluate whether enhancements to their compliance programs are needed. We previously wrote about the Affiliates Rule and related compliance recommendations here.

Please contact the authors if you have any questions about how this update will affect your business.

Photo of Faith Dibble Faith Dibble

Faith Dibble counsels clients as they navigate the complex regulations associated with a global marketplace. She advises clients on international trade and complex cross-border transactions, investigations, and regulatory and compliance matters relating to U.S. national security.

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Photo of Thad McBride Thad McBride

Thad McBride advises public and private companies on the legal considerations essential to successful business operations in a global marketplace. He focuses his practice on counseling clients on compliance with U.S. export regulations (ITAR and EAR), economic sanctions and embargoes, import controls (CBP)…

Thad McBride advises public and private companies on the legal considerations essential to successful business operations in a global marketplace. He focuses his practice on counseling clients on compliance with U.S. export regulations (ITAR and EAR), economic sanctions and embargoes, import controls (CBP), and the Foreign Corrupt Practices Act (FCPA). He also advises clients on anti-boycott controls, and assists companies with matters involving the Committee on Foreign Investment in the United States (CFIUS). Thad supports international companies across a range of industries, including aviation, automotive, defense, energy, financial services, manufacturing, medical devices, oilfield services, professional services, research and development, retail, and technology. Beyond advising on day-to-day compliance matters, Thad regularly assists clients in investigations and enforcement actions brought by government agencies, including the U.S. Department of Justice (DOJ), the U.S. Treasury Department Office of Foreign Assets Control (OFAC), the U.S. State Department Directorate of Defense Trade Controls (DDTC), Customs and Border Protection (CBP), the U.S. Commerce Department Bureau of Industry & Security (BIS), and the Securities & Exchange Commission.

Read more about Thad McBrideEmail
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  • Posted in:
    Business and Commercial
  • Blog:
    GovCon & Trade
  • Organization:
    Bass, Berry & Sims PLC
  • Article: View Original Source

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