BIS Interim Rule Allows Export/Reexport of Certain Anti-Terrorism Controlled Items to U.S. Persons in Libya
The Bureau of Industry and Security (BIS) has issued an interim rule, effective November 16, 2005, which establishes a License Exception authorizing the export or reexport to U.S. persons in Libya of certain items listed on the Commerce Control List (CCL) and controlled for anti-terrorism (AT) reasons only.
According to BIS, this interim rule is consistent with the President's decision to modify U.S. sanctions against Libya, in response to that country's continuing efforts to dismantle its weapons of mass destruction (WMD) and missile programs and its renunciation of terrorism. (See ITT's Online Archives or 03/23/05 news, 05032325, for BP summary of a BIS final rule amending policy on exports/reexports to Libya due to the President's decision.)
Interim Rule Applies to U.S. Persons and Their Employees Only
According to BIS, items exported/reexported to Libya pursuant to the new License Exception U.S. Persons in Libya (USPL, 15 CFR 740.19) may be used only by U.S. persons or by non-U.S. person employees within the scope of their employment and must remain under the control and supervision of the U.S. person employer.
BIS defines "U.S. person" at 15 CFR 772.1 as a natural person, including a citizen or national of the U.S. or of any foreign country; any firm; any government, government agency, government department, or government commission; any labor union; any fraternal or social organization; and any other association or organization whether or not organized for profit.
Items Allowed Under USPL
BIS states that the items allowed under the USPL are widely available outside the U.S. and have a low likelihood to contribute significantly to terrorism or WMD-related activities in Libya. Items classified under Export Control Classification Numbers (ECCNs): 2A994, 5A992, 5D992, 9A990, and certain items classified under ECCNs 3A991, 3A992, 3B992, 4A994, 5A991 are eligible for USPL.
-written comments must be received on or before December 16, 2005
BIS Contact - Joan Roberts (202) 482-4252
BIS interim rule (D/N 051028279-5279-01, FR Pub 11/16/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-22674.pdf