President Donald Trump's nominee for director of the Bureau of Industry and Security will be tasked with participating in the administration's review of whether export control reform (ECR) will continue for the remaining three U.S. Munitions List (USML) categories that haven’t been covered by that effort. A Commerce Department spokesman said that administration officials are evaluating whether to transfer items to the CCL from USML Categories I (firearms, close assault weapons, and combat shotguns), II (guns and armament) and III (ammunition/ordnance), the final USML categories that haven’t undergone ECR. Started in 2010 by the Obama administration, ECR has shifted several items to the CCL from other USML categories.
Several firms said they were unable to determine technical parameters that would establish a “bright line” between military and commercial technologies in U.S. Munitions List Category XII, which covers fire control, laser, imaging and guidance equipment, according to comments filed with the State Department (here). Some commenters said that the parameters State listed in its notice of inquiry requesting the comments are descriptors unique to the military, and commenters urged State to maintain its “specially designed” nomenclature to properly distinguish military goods that belong in USML Category XII from dual-use civil goods more properly designated on the Commerce Control List (CCL).
SANTA CLARA, Calif. -- The Bureau of Industry and Security is turning up its enforcement focus on illicit shipments to Russia and Ukraine after the U.S. issued several sanctions against Moscow in December, Joseph Whitehead, special agent in charge of the BIS San Jose Field Office, said during the Annual Export Control Forum. The U.S. ordered sanctions in response to alleged interference in U.S. election processes and alleged harassment of U.S. personnel in Russia (see 1612300010). “From an investing in special agents standpoint, we are thirsting for Russian cases right now,” Whitehead said. “So we do look for those, and go after them.” There has been an uptick in export violations vis-a-vis Russia since the executive branch first ratcheted up sanctions against the country in 2014 following its invasion of Crimea, he said.
The Bureau of Industry and Security is postponing the effective date to March 22 of the transfer of software used in the development and production of certain oscilloscopes and transient recorders from its current "EAR99" designation to classification on the Commerce Control List (CCL), BIS said (here). On March 22, software “specially designed” for the “development,” “production” or “use” of items controlled under Export Control Classification Number (ECCN) 3A292 will shift from its current "EAR99" designation to ECCN 3D991 for BIS licensing and classification purposes, the agency said. The delay was directed by a memorandum issued by the Trump administration on Jan. 20 (see 1701230031). The remainder of the final rule (see 1611230023), which amended the Export Administration Regulations to remove licensing requirements for nonproliferation ("NP") reasons to export, re-export or transfer in-country certain pressure tubes, pipes, fittings, pipe valves, machine tools, oscilloscopes and transient recorders to ship to Iraq, Israel, Libya and Pakistan, took effect on Nov. 25.
The Bureau of Industry and Security issued a final rule (here) requiring individuals intending to export or re-export to Hong Kong any item subject to the Export Administration Regulations (EAR) for national security, missile technology, nuclear nonproliferation, or chemical or biological reasons to get written approval from the government of Hong Kong before shipping the items. The rule, which is set to take effect April 19, will require individuals planning to export or re-export EAR items for those reasons to obtain a copy of a valid Hong Kong import license from a client or consignee, or written statement from the Hong Kong government that such a license isn’t required.
President Barack Obama on Jan. 13 issued an executive order (here) directing the removal of sanctions on property and interests of the Sudanese government, and the removal of prohibitions on imports from and exports to the country, to take overall effect July 12, as outlined in a letter from Obama to Congress (here). "The 180-day delay period of the order's effective date with respect to removing these provisions is intended to encourage the Government of Sudan to sustain its efforts in these areas." Obama's order would also rescind Executive Order 13412, which continues blocking the Sudanese government and specifies prohibitions relating to Sudan's petroleum industry. However, the national emergency regarding Sudan will remain in place, Obama said. Obama tasked the Secretary of State and interagency partners to review Sudanese government actions annually after his order takes effect.
The Bureau of Industry and Security and State Department are seeking public comments (here) on potential impacts of changing certain controls implemented through an Oct. 12 final rule that transferred certain fire control, laser, imaging and guidance equipment from U.S. Munitions List (USML) Category XII to the Commerce Control List (CCL) (see 1610110022) on Dec. 31.
The Bureau of Industry and Security and the State Department are issuing concurrent final rules to finalize the transfer of items from U.S. Munitions List (USML) Category XV (spacecraft systems and associated equipment) to the Commerce Control List (CCL) that no longer warrant USML control. BIS’s (here) and State’s (here) final rules build upon comments received after respective interim final rules were published on May 13, 2014 (see 14051224), and will take effect Jan. 15, they said.
The Bureau of Industry and Security is issuing a final rule, effective Dec. 27, to amend the Export Administration Regulations to reflect understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting and certain understandings reached at this year’s plenary, BIS said (here). Amendments based on last year’s meeting address nuclear nonproliferation (NP) controls applying to certain centrifugal multiplane balancing machines under Commerce Control List (CCL) Export Control Classification Number (ECCN) 2B229. Amendments based on the 2016 meeting address NP controls applying to certain linear displacement measuring systems listed under ECCN 2B206, and make changes to this description to conform with the NSG Annex, BIS said. Furthermore, the rule corrects an error in the technical parameters of ECCN 6A203.d, which describes certain radiation-hardened TV cameras (including lenses) subject to NP controls, BIS said.
The Bureau of Industry and Security is issuing a final rule that will amend the Commerce Control List (CCL) to reflect the February 2016 intersessional recommendations adopted by the Australia Group (AG) and the understandings reached at the June 2016 AG Plenary meeting, BIS said (here). The following changes are based on the intersessional recommendations: