Commerce, State Push Ahead with ECR in Fall 2013 Regulatory Agenda
The Commerce and State Departments released their respective fall 2013 regulatory agendas for Fiscal Year (FY) 2014 that include plans to propose and finalize a host of Export Control Reform (ECR) rules. In conjunction with the State Department's Directorate of Defense Trade Controls (DDTC), Commerce's Bureau of Industry and Security (BIS) has put two concurrent ECR final rules into effect during the current fiscal year. The implementation of final rules on Oct. 15 and Jan. 6 revised U.S. Munitions List (USML) categories and transferred items to the Commerce Control List (CCL). In conjunction with State, BIS intends to propose the following ECR rules during the remainder of FY 2014:
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| Proposed Rule | USML Category | Scheduled | OMB ID No. |
|---|---|---|---|
| Firearms, Close Assault Weapons and Combat Shotguns | Category I | June 2014 | 0694-AF47 |
| Guns and Armament | Category II | June 2014 | 0694-AF48 |
| Ammunition/Ordnance | Category III | June 2014 | 0694-AF49 |
| Toxicological Agents and Associated Equipment | Category XIV | December 2013 | 0694-AF52 |
| Feasibility of Enumerating "Specially Designed" Components | N/A | March 2014 | 0694-AF68 |
| Fire Control, Range Finder, Optical and Guidance and Control Equipment | Category XII | November 2013 | 0694-AF75 |
In a separate agenda, State released plans to propose rules for USML Categories I (here), II (here), III (here), XII (here) and XIV (here), along with USML XVIII (Directed Energy Weapons) (here). The agenda also identifies the proposed rules BIS intends to finalize during the remainder of FY 2013. Leading export officials at Commerce said in December the ECR effort is proceeding with minimal defects, adding the administration continues to prioritize the USML-CCL transfers (see 13121608). According to the Unified Agenda, BIS intends to finalize the following rules:
| Final Rule | USML Category | Scheduled | OMB ID No. |
|---|---|---|---|
| Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items | Categories VII, VI, XX, and XIII | Jan. 6, 2014 | 0694-AF39 |
| Energetic Materials | Category V | December 2013 | 0694-AF53 |
| Military Training Equipment | Category IX | December 2013 | 0694-AF54 |
| Launch Vehicles, Missiles, Rockets, and Military Explosive Devices | Category IV | December 2013 | 0694-AF56 |
| Military Electronic Equipment and Related Items | Category XI | March 2014 | 0694-AF64 |
| Spacecraft Systems and Related Items | Category XV | December 2013 | 0694-AF87 |
In the separate agenda, State released plans to finalize rules for USML Categories XI (here), XV (here), along with IV, V, IX, X, and XVI (here).
Other Upcoming BIS Rules:
Among other rules planned for proposal, BIS intends to propose in June an amendment to the International Traffic in Arms Regulations (ITAR) for exports to Canada consisting of shotguns, shotgun shells and optical sighting devices, in accordance with ECR (here). The proposal will affect controlled items under Export Control Classification Numbers 0A984, 0A986 and 0A987. BIS also intends to propose a rule to clarify party responsibilities under the Export Administration Regulations (EAR) in a routed export transaction (here). BIS missed its self-designated November deadline for the EAR party responsibility rule. Among other rules planned for finalization, BIS intends to finalize a rule that makes changes to encryption export controls, following an interim final rule in 2010 (here). BIS missed its self-designated December deadline for the encryption rule.
Other Upcoming State Rules:
Among other rules planned for proposal, State intends to propose in January an amendment to the ITAR to update and clarify policy related to exports made by or for a U.S. government department or agency (here). The proposal will make a distinction between temporary imports and exports made by a department or agency. State will also add provisions to make clarifications for exporters conducting business on behalf of a U.S. department or agency. Among other rules planned for finalization, State is amending ITAR parts related to brokers and brokering activities, following an interim final rule issued in August (see 13082601). State missed its self-designated December deadline for the brokering rule, according to the Unified Agenda (here).
(Federal Register 01/07/13)