BIS Issues Final Rule to Clarify Commerce Jurisdiction of Certain Aircraft Parts/Components in EAR
The Bureau of Industry and Security has issued a final rule, effective December 3, 2008, to clarify the civil aircraft equipment that is subject to the Export Administration Regulations in accordance with the Commerce Department's authority under Section 17(c) of the Export Administration Act of 1979 (EAA).
Section 17(c) provides that notwithstanding any other provision of law, any product (1) which is standard equipment, certified by the Federal Aviation Administration (FAA), in civil aircraft and is an integral part of such aircraft, and (2) which is to be exported to a country other than a controlled country, shall be subject to export controls exclusively under the EAA.
Clarifying Changes to EAR on Commerce Jurisdiction of Aircraft Parts, Etc.
BIS' final rule revises 15 CFR 770.2(i) (Interpretation 9: aircraft, parts, accessories and components) to clarify the aircraft and related training equipment, aircraft engines, and components, parts, accessories, attachments, and associated equipment that are subject to the jurisdiction of the Commerce Department.
The final rule also amends the Commerce Control List under Supplement No. 1 to 15 CFR Part 774 to make a conforming change to the "List of Items Controlled" section of Export Control Classification Number (ECCN) 9A991, in order to conform this paragraph to 22 CFR 121.3.
(The State Department issued a similar final rule in August 2008 to clarify how Section 17(c) of the EAA is implemented in relation to the International Traffic in Arms Regulations. BIS notes that the Commerce Department will participate in certain commodity jurisdiction (CJ) requests for certain items subject to the ITAR.
See ITT's Online Archives or 08/18/08 news, 08081830, for BP summary of the State Department's final rule.)
BIS contact - Gene Christiansen (202) 482-2984
BIS final rule (D/N 080305374-81467-01, FR Pub 12/03/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-28654.pdf