BIS Amends EAR as Part of its 2007/2008 Systematic Review of the CCL
The Bureau of Industry and Security has issued a final rule, effective April 18, 2008, which makes technical corrections to the Export Administration Regulations, 15 CFR Parts 748 and 774, as part of BIS' 2007/2008 systematic review of the Commerce Control List1.
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(See ITT's Online Archives or 07/18/07 and 09/13/07 news, 07071830 and 07091335, for BP summaries of BIS seeking comments on its 2007/2008 CCL review.)
Implementation of 2007/2008 CCL Review in Two Phases
The implementation of the results of the 2007/2008 CCL review will occur in two phases:
Phase one. The first phase involves internal BIS process changes and technical corrections to the CCL. These are unilateral changes not requiring interagency clearance to implement. They include creating a new Emerging Technology and Research Advisory Committee (ETRAC), adding hyperlinks to the related controls references in the CCL, and this final rule making technical corrections to the EAR.
Phase two. The second phase involves additional changes that will require the agreement of other U.S. Government agencies or changes to multilateral regime control lists, such as the Wassenaar Arrangement or the Australia Group, before any implementation of the suggested change could occur. BIS intends to publish another final rule later this year that will implement the second phase of the results of its systematic review of the CCL, which will include substantive changes to the CCL.
(BIS has also announced a new process to methodically review one-third of the CCL each year to ensure the export control regime meets current challenges. See today's ITT, 08042820, for BP summary.)
Highlights of the Final Rule's Technical Changes to the EAR
The final rule makes the following technical revision to the EAR in Supplement No. 1 to 15 CFR Part 748:
Block 6: Documents submitted with application. The final rule amends the instructions for ''Block 6: Documents submitted with application'' of BIS-748P, BIS-748P-A; Item Appendix, and BIS-748P-B; End-User Appendix; Multipurpose Application Instructions, to provide guidance to applicants who wish to include foreign availability support material for items not controlled for national security reasons. This new instruction guidance under Block 6 explains the procedure applicants should follow for submitting this information.
In addition, the final rule makes the following technical revisions to the CCL in Supplement No. 1 to 15 CFR Part 774:
"Related Controls" paragraph of 24 CCL entries. The final rule revises the ''Related Controls2'' paragraphs in the following 24 CCL entries by adding additional related controls references or making changes for greater specificity for the related controls references: 0A018, 1A001, 1A003, 1A005, 1C004, 1C006, 1C008, 1C009, 1C011, 1C012, 1D001, 1D018, 1E002, 2A983, 2B004, 2B005, 2E101, 2E201, 3A002, 3B002, 3B992, 3D002, 4D003, and 5E002.
"Unit" paragraph of 14 CCL entries. The final rule amends the ''Unit'' paragraph in the following 14 CCL entries so that the unit of measurement in the ''Unit'' paragraphs conforms to standard quantities for the items controlled in those respective CCL entries: 1B003, 2B001, 2B003, 2B004, 4A001, 4A003, 4A004, 5B001, 6A002, 6A004, 6A005, 8A001, 9A004, and 9B009.
References in "License Exceptions" section of 3 CCL entries. The final rule amends three CCL entries, 6D003, 8D001 and 8E001 by removing outdated references in the ''License Exceptions'' section of each of these CCLs as none of these entries are controlled for Missile Technology (MT) reasons.
1According to BIS, the CCL is a list of items covering a broad range of commodities, software and technologies that are subject to the EAR and that help control the export of dual-use items.)
2BIS includes related controls references in CCL entries to assist exporters in classifying items on the CCL and in some cases to provide cross-references for items that are listed on the CCL, but are under the export control jurisdiction of other U.S. Government agencies.
BIS contact - Timothy Mooney (202) 482-2440
BIS final rule (D/N 080307395-8515-01, FR Pub 04/18/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-8302.pdf
BIS documenton theCCL review process available at http://www.bis.doc.gov/policiesandregulations/cclreviewprocess.html