BIS Final Rule on Wassenaar Changes to the CCL, Etc
The Bureau of Industry and Security (BIS) has issued a final rule, effective May 6, 2004, which revises certain entries on the Commerce Control List (CCL) to conform the description of certain protection and detection equipment to that found in the Wassenaar Arrangement List of Dual Use Goods and Technologies (Dual Use List), to impose national security and anti-terrorism license requirements on those items, and to impose antiterrorism controls on certain items that are excluded from the Dual Use List.
BIS Final Rule Revises ECCN 1A004
BIS states that this final rule revises Export Control Classification Number (ECCN) 1A004 to emulate entry 1.A.4 on the Dual Use List, including an exclusion note from that entry. BIS adds that this rule applies national security (NS2) and antiterrorism (AT1) controls to items covered by ECCN 1A004, including gas masks, filter canisters, decontamination equipment, protective suits, gloves and shoes specially designed or modified for defense against biological agents or radioactive materials adapted for use in war or chemical warfare agents, and certain nuclear, chemical, and biological detection systems.
The national security controls require a license for export or reexport to all destinations except Country Group A:1 and cooperating countries as listed in Supplement No. 1 to 15 CFR Part 740.
BIS explains that prior to the publication of this final rule, ECCN 1A004 referred readers to the State Department's Directorate of Defense Trade Controls' (DTC's) controls with regard to "protective and detection equipment and components not specially designed for military use."
BIS Final Rule Creates a New ECCN 1A995
BIS' final rule also creates a new ECCN 1A995 that imposes antiterrorism controls (AT1) on personal radiation monitoring dosimeters and equipment limited by design or function to protect against hazards specific to civil industries, such as mining, quarrying, agriculture, pharmaceuticals, medical, veterinary, environmental, waste management, or to the food industry that are excluded from 1A004.
BIS states that the antiterrorism controls require a license for export or reexport to countries designated by the Secretary of State as state sponsors of international terrorism. BIS adds that new ECCN 1A995 includes a note that items for protection against chemical or biological agents that are consumer goods, packaged for retail sale or personal use and medical products are excluded from 1A995, and are EAR99.
According to BIS, EAR99 items are not listed in any specific entry on the CCL, but are subject to other provisions of the EAR, including those that impose a license requirement based on recipient or end-use, those that apply to embargoed destinations, the prohibitions on violating denial orders, and export clearance requirements.
BIS adds that the antiterrorism controls imposed by this final rule are new foreign policy controls.
License "Grace Period" Until June 7, 2004
BIS' final rule provides that exports and reexports that did not require a license prior to publication of this rule and for which this rule imposes a new license requirement may be made without a license if the items being exported or reexported were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export pursuant to actual orders for export or reexport on May 20, 2004, and exported or reexported on or before June 7, 2004.
BIS states that any such exports or reexports not actually made before midnight on June 7, 2004, require a license in accordance with this final rule.
BIS Contact - Scott Hubinger (202) 482-5223
BIS Final Rule (D/N 040220063-4063-01, FR Pub 05/06/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10230.pdf