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State Dept. Begins Talks with Congress on Export Control Reform's First USML-CCL Moves

The State Department has taken the first steps toward the Congressional notification required to reclassify military articles on the U.S. Munitions List as dual-use items on Commerce Control List, according to a House Foreign Affairs Committee aide. “Consistent with the requirements of section 38(f) of the Arms Export Control Act, the Foreign Affairs Committee has begun preconsultations with the Administration on the proposed removals of certain aircraft and related items from the United States Munitions List, as well as accompanying regulatory changes to the International Traffic in Arms Regulations and the Commerce Control List,” the aide said.

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Bureau of Industry and Security officials have in the past said State’s first Congressional notification will include first USML to CCL moves for aircraft in USML Category VIII and gas turbine engines in a new Category XIX, as well as rules on treatment of items transitioned from the USML to the CCL and the “specially designed” definition. The notification package includes final rules from both BIS and State. BIS officials have in the past referred to their version as the “beast rule” due to its length.

"Our export control system badly needs reform,” said House Foreign Affairs Committee Chairman Ed Royce (R-Calif.). “A bipartisan consensus has emerged that while tight controls must stay on our most critical technologies, less sensitive items should be subject to fewer restrictions,” he said. “The Committee is working with the Administration and the private sector to advance sensible reform of a complex and technical process. In doing so, the goal is ensuring that U.S. national security is protected and economic competitiveness isn't harmed."

(See ITT’s Online Archives 12121001 for summary of BIS Undersecretary Eric Hirschhorn’s December remarks on the beast rule, including the first Congressional notification possibly coming in February.)