BIS Final Rule Implements December 2011 Wassenaar Changes, Etc.; Amends 47 ECCNs
The Bureau of Industry and Security issued a final rule that revises the Export Administration Regulations, effective July 2, to, among other things, implement the changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement at the December 2011 Plenary Meeting, and add Mexico as the 41st Participating State in the list of Wassenaar Arrangement members in the EAR.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability.)
Revises 47 ECCNs to Implement 2007-2011 Wassenaar Changes
BIS’ final rule amends 47 entries on the Commerce Control List (CCL, 15 CFR 774, Supplement 1) in order to: harmonize the CCL with changes made at the 2011 Wassenaar Plenary Meeting; make corresponding changes to 5 entries; revise 9 ECCNs to complete implementation of the 2007, 2008, and 2009 agreed revisions to the Wassenaar List of Dual Use Goods and Technologies; make corrections that are not part of the Wassenaar Arrangement 2011 agreements, but that BIS said are essential to the scope of control of these Wassenaar Arrangement listed items; implement Wassenaar Arrangement Task Force on Editorial Issues revisions that coincide with the revisions to ECCNs affected by the 2007, 2008, 2009, and 2010 Wassenaar changes; and make corresponding changes as a result of the changes made to the Technical Notes to Category 2 Product Group B and to ECCN 2B001. Amended ECCNs are as follows:
| CCL Category | Amended ECCNs |
| Category 0 - Nuclear Materials Facilities & Equipment [and Miscellaneous Items] | 0A919 |
| Category 1 - Materials Chemicals Microorganisms and Toxins | 1A004, 1A005, 1C006, 1C008 |
| Category 2 - Materials Processing | 2B001, 2E001, 2B008, 2B009, 2A201, 2A991 |
| Category 3 - Electronics Design Development and Production | 3A001, 3E001, 3A002, 3B001, 3C001, 3E003, 3E002 |
| Category 4 - Computers | 4A003, 4A003 |
| Category 5 Part 1 - Telecommunications | 5A001, 5B001, 5D001, 5E001, 5A980, 5D980, 5E980 |
| Category 5 Part 2 - Information Security | 5A002 |
| Category 6 - Sensors and Lasers | 6A001, 6E001, 6A002, 6E002, 6A003, 6B008, 6E101, 6D991, 6D994 |
| Category 7 - Navigation and Avionics | 7D002, 7A003, 7D003, 7A004, 7E004, 7A005 |
| Category 8 - Marine | 8A002 |
| Category 9 - Propulsion Systems Space Vehicles and Related Equipment | 9A012, 9E003, 9D004 |
Additional Changes to the EAR
In addition to the changes to the CCL, the BIS final rule amends the following sections of the Export Administration Regulations (EAR):
- 734.4 (De minimis U.S. Content)
- 738.3 (Commerce Country Chart Structure)
- 740.2 (Restrictions on all license exceptions)
- 740.7 (License Exception APP)
- 740.11 Supplement No. 1 (License Exception GOV)
- 740.16 (Additional Permissive Reexports (APR))
- 740.20 (License Exception Strategic Trade Authorization (STA))
- 742.6 (Regional Stability)
- 742.13 (Communications intercepting devices; software and technology for communications intercepting devices)
- Part 743 (Special Reporting)
- 744.9 (Restriction on Certain Exports and Reexports of Cameras Controlled by ECCN 6A003.b.4.b)
- 746.7 (Iran)
- Part 748 Supplement No. 7 (VEU List)
- 752.3 (Eligible items)
- 770.2 (Item interpretations)
- 772.1 (Definitions of Terms as Used in the Export Administration Regulations)
Savings Clause
Shipments of items removed from license exception eligibility or eligibility for export without a license as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on July 2, pursuant to actual orders for export to a foreign destination, may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported from the U.S. before August 31. Any such items not actually exported before midnight, on August 31 require a license in accordance with this regulation.