On June 22, 2016, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) revising its guidance regarding penalties in administrative enforcement cases under the Export Administration Regulations (“EAR”).  The Final Rule will go into effect 30 days after its publication, or on July 22, 2016.  Specifically, the Final Rule amends the Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases  (“BIS Guidelines”), found in Supplement No. 1 of Part 766 of the EAR, to make BIS’s civil penalty determinations more predictable, transparent, and consistent with the Economic Sanctions Enforcement Guidelines implemented by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), Appendix A to 31 C.F.R. Part 501 (“OFAC Guidelines”).