BIS Revises the Commerce Control List as a Result of Its Systematic Review
The Bureau of Industry and Security has issued a final rule, effective October 6, 2008, which make revisions to the Commerce Control List1 as result of BIS' systematic review of the CCL.
The revisions in this rule include clarifications to existing controls, eliminating redundant or outdated controls, establishing more focused and rationalized controls, and adding additional controls for clarity or for consistency with international regimes.
(This rule is the second phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. See ITT's Online Archives or 04/28/08 news, 08042815, for BP summary of the first phase, which involved internal BIS process changes and technical corrections to the CCL.)
Highlights of the Revisions to the CCL
Highlights of the CCL revisions made by BIS' final rule include:
Clarifications to existing controls. To clarify existing controls, this rule revises:
(i) the headings of Export Control Classification Numbers (ECCNs) 2B351, 4D993 and 6A995 to clarify the items controlled under those CCL entries;
(ii) the "Related Controls"2 paragraphs in the List of Items Controlled section in 1C351, 1C352, 1C353, 1C354, 1C360, 2B119, 2B350, 4E992, 7D001, 7D002, 7E002, and 7E101 by adding additional related control references or making changes for greater specificity for the related controls references;
(iii) the "Items'' paragraphs under 1C350 and 2B350 to clarify the items controlled under those CCL entries;
(iv) the "Items" paragraphs in 4A101and 4A980 to clarify what items are controlled under those entries and to better conform those entries to the language used in multilateral control lists; and
(v) other assorted clarifications to existing controls.
Eliminating redundant or outdated controls. To eliminate redundant or outdated controls, this rule amends:
(i) ECCN 4A994 to remove technically outdated controls and to update certain technical control parameters to better reflect current industry standards; and
(ii) ECCN 5A991 to remove three outdated entries from the "Items'' paragraph under paragraphs (b)(8), (c)(2), and (c)(4).
Establishing more focused and rationalized controls. To establish more focused and rationalized controls, this rule amends:
(i) ECCN 1E001 by adding Australia and Norway to the list of countries that are eligible to receive technology controlled under the provisions of License Exception TSR (Technology and Software Restricted); and
(ii) ECCN 2B018 by converting an advisory note from the "Items" paragraph into License Exception GBS eligibility (Shipments to Country Group B Countries) (15 CFR 740.4). (The items described in the note will now be eligible for License Exception GBS, provided the transaction meets the terms and conditions of License Exception GBS and 15 CFR 740.2.)
Adding controls for clarity/consistency with international regimes. For clarity and consistency with international regimes, this rule amends:
(i) ECCN 1E002 to add a new non-proliferation (NP) reason for control to this ECCN, which applies to "technology" for items controlled by 1A002 for NP reasons.
(ii) ECCN 9E101 to add a new Missile Technology (MT) technology control under ECCN 9C110 to correct an inadvertent error that occurred when 9C110 was added to the CCL.
Additional Revisions to the EAR
This rule also makes the following revisions to the Export Administration Regulations (EAR):
In Supplement No. 7 to 15 CFR 742(7)(c) (Missiles and Missile Launchers), this rule adds the phrase "except model airplanes" to clarify that the unmanned aerial vehicles (UAVs) subject to this paragraph do not include model airplanes; and
In 15 CFR 744.21(a) (Restrictions on Certain Military End-Uses in China- General Prohibition), this rule makes two changes to clarify the intended scope of the items subject to this end-use control.
1According to BIS, the CCL is a list of items covering a broad range of commodities, software and technologies that are subject to the EAR and that help control the export of dual-use items.
2BIS includes related controls references in CCL entries to assist exporters in classifying items on the CCL and in some cases to provide cross-references for items that are listed on the CCL, but are under the export control jurisdiction of other U.S. Government agencies.
BIS contact - Timothy Mooney (202) 482-2440
BIS final rule (D/N 080307397-81237-01, FR Pub 10/06/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-23289.pdf
BIS documenton theCCL review process available at http://www.bis.doc.gov/policiesandregulations/cclreviewprocess.html