BIS Final Rule Removes T 37 Jet Trainer Aircraft and Parts from CCL
The Bureau of Industry and Security has issued a final rule, effective May 6, 2009, which removes T 37 jet trainer aircraft and specially designed component parts from the Commerce Department's licensing jurisdiction on the Commerce Control List (CCL).
T 37 jet trainer aircraft previously appeared on the CCL, which is administered by BIS. However, the State Department's Directorate of Defense Trade Controls (DDTC) reviews license applications for these aircraft and parts. BIS is therefore removing these aircraft and parts from the CCL to avoid potentially overlapping coverage and reduce the possibility of confusion by the public.
T 37 Aircraft are Designed for Military, DDTC Licensing Jurisdiction Applies
BIS states that generally, the International Traffic in Arms Regulations (ITAR) apply DDTC licensing jurisdiction to items that are specifically designed, developed, configured, adapted or modified for a military application. Items not subject to DDTC licensing jurisdiction or to the exclusive licensing jurisdiction of another government agency are subject to the Export Administration Regulations (EAR) and BIS' licensing jurisdiction.
The T 37 jet trainer was designed as a military trainer aircraft. Such aircraft are subject to the ITAR unless excluded under the provisions of 22 CFR 121.3(b), which relate to the engine type and power of the trainer aircraft. According to BIS, the T 37 and its specially designed component parts do not meet the terms of that exclusion.
T 37 Removed from ECCN 9A018, Certain Other Military Aircraft Still Controlled
Therefore, the final rule removes T 37 jet trainer aircraft and parts from the "List of Items Controlled" in the CCL at Supplement No. 1 to 15 CFR Part 774, Category 9 - Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number (ECCN) 9A018.
Note that the EAR continue to state that military trainer aircraft bearing "T" designations: (1) using reciprocating engines; or (2) turbo prop engines with less than 600 horse power (h.p.); and (3) specially designed component parts are still controlled under Category 9.
BIS contact - Gene Christiansen (202) 482-2984
BIS notice (D/N 090406632-9631-01, FR Pub 05/06/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-10468.pdf