In December 2010, the Bureau of Industry and Security issued an advance notice of proposed rulemaking (ANPR) seeking comments on how the descriptions of items controlled on the Commerce Control List (CCL)1 could be more clear, positive, and “tiered,” in a manner consistent with the control criteria the Administration is developing as part of its export control reform effort.
In December 2010, the State Department issued and an advance notice of proposed rulemaking (ANPR) requesting comments on revisions to make the USML positive and tiered, etc., and a proposed rule to revise Category VII of the U.S. Munitions List (tanks and military vehicles) to assign tiers and describe more precisely the defense articles therein.
In December 2010, the Bureau of Industry and Security issued a proposed rule to add a new License Exception Strategic Trade Authorization (STA) at 15 CFR 740.20 to allow exports, reexports and transfers (in-country) of specified items to destinations that pose little risk of unauthorized use of those items, subject to certain notification and statement requirements.
The Bureau of Industry and Security has issued a final rule, effective January 7, 2011, which removes certain publicly available mass market encryption software and certain other specified publicly available encryption software in object code from the jurisdiction of the Export Administration Regulations. BIS also comments on the issue of public availability, “knowledge”, and “red flags.”
As part of the President’s export control reform initiative, the State Department’s Directorate of Defense Trade Controls has issued an advance notice of proposed rulemaking (ANPR) which (i) seeks public comment on revisions to the U.S. Munitions List that would make it a “positive list” of controlled defense articles, (ii) requests that the public “tier” defense articles based on the Administration’s three-tier control criteria1, and (iii) requests the public identify those current defense articles that the public believes do not fall within the scope of any of the criteria’s tiers.
The Bureau of Industry and Security has issued a proposed rule which would add a new License Exception Strategic Trade Authorization (STA) at 15 CFR 740.20 to allow exports, reexports and transfers (in-country) of specified items to destinations that pose little risk of unauthorized use of those items, subject to certain notification and statement requirements.
As part of the President’s export control reform initiative, the Bureau of Industry and Security has issued an advance notice of proposed rulemaking (ANPR) seeking comments on how the descriptions of items controlled on the Commerce Control List (CCL)1 could be more clear, positive, and “tiered,” in a manner consistent with the control criteria the Administration is developing as part of its export control reform effort.
The Bureau of Industry and Security is issuing correcting amendments to its September 7, 2010 final rule which revised the Export Administration Regulations to implement certain Wassenaar Arrangement 2009 Plenary agreements. BIS is correcting errors in that final rule that affected Export Control Classification Numbers (ECCNs) 6A005, 6A008, and 9A001, as well as the definition of “energetic materials.” In addition, BIS is correcting the preamble, which erroneously identified ECCN 6E993 as one of the ECCNs that was revised in the rule’s text.
The Bureau of Industry and Security has issued a final rule, effective October 12, 2010, which amends the Export Administration Regulations to add three entities in China and identify their respective eligible items for export and reexport and transfer (in-country) under Authorization Validated End-User (VEU).
At the Bureau of Industry and Security’s recent Annual Export Controls Update Conference, a BIS’ Office of Export Enforcement Special Agent in Charge (SAC) discussed the root causes of civil enforcement actions, and what to do if violations of BIS statutes and regulations are found.