BIS Final Rule Implements December 2010 Wassenaar Changes
The Bureau of Industry and Security has issued a final rule, effective May 20, 2011, that revises the Export Administration Regulations to implement the changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement at the December 2010 Plenary Meeting.
(The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability.)
Revises 53 ECCNs to Implement Wassenaar Changes
To harmonize the Commerce Control List (CCL, 15 CFR 774, Supplement 1) with changes made at the Wassenaar Plenary Meeting, the BIS final rule amends entries on the CCL that are controlled for national security reasons in CCL Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8, and 9.
The 53 Export Control Classification Numbers (ECCNs) being amended are:
| 1A002 | 1A004 | 1B001 | 1C003 | 1C006 |
| 1C010 | 1C011 | 1C111 | 2A001 | 2B001 |
| 2B006 | 3A001 | 3A002 | 3A991 | 3B001 |
| 3E001 | 4A001 | 5A001 | 5D001 | 5E001 |
| 5D002 | 5E002 | 6A001 | 6A002 | 6A003 |
| 6A006 | 6A008 | 6D001 | 6D003 | 6E001 |
| 6E003 | 7A001 | 7A002 | 7A003 | 7E004 |
| 8A002 | 9A001 | 9A003 | 9A991 | 9B001 |
| 9B008 | 9D003 | 9D004 | 9E001 | 9E003 |
Additional Changes to the EAR
In addition to the changes to the CCL, the BIS final rule would amend the following sections of the Export Administration Regulations (EAR):
15 CFR 734.4 (De Minimis U.S. content)
15 CFR 740.11, Supplement 1 (License Exception GOV)
15 CFR 740.17 (License Exception ENC)
15 CFR 742.14 (Significant Items: Hot Section Technology)
15 CFR 742.15 (Encryption items)
15 CFR 743.1 (Wassenaar Arrangement)
15 CFR 772.1 (Definitions)
15 CFR 774, Supplement No. 3 (Statements of Understanding)
Savings Clause
Shipments of items removed from license exception eligibility or eligibility for export without a license as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on May 20, 2011, pursuant to actual orders for export to a foreign destination, may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported from the U.S. before July 19, 2011. Any such items not actually exported before midnight, on July 19, 2011 require a license in accordance with this regulation.
See future issues of ITT for additional details on the Wassenaar changes being implemented by BIS.
(BIS final rule, D/N 110124056-1119-01, FR Pub 05/20/11)