The Office of Foreign Assets Control issued “General License J,” which authorizes “temporary sojourn” re-exportations by non-U.S. persons of U.S.-origin, fixed-wing civil aircraft, as well as “non-U.S.-origin fixed-wing civil aircraft of which U.S.-controlled content constitutes 10 percent or more of the total value” and that is classified under Export Control Classification Number (ECCN) 9A991.b and registered outside the U.S. or any country in Export Administration Regulations Country Group E:1, which includes Iran, OFAC said (here). The authorizations are subject to certain technical, professional and logistical criteria.
The Bureau of Industry and Security (BIS) (here) and the State Department (here) are issuing a final Export Control Reform rule to transfer control of some items on U.S. Munitions List (USML) categories XIV (Toxicological Agents) and XVIII (Directed Energy Weapons) to the Commerce Control List (CCL). The rule will go into effect Dec. 31. The Obama administration now has four USML categories remaining to transfer control of certain goods to the CCL. Export Control Reform aims to move controls to CCL for items that can be used for non-military purposes and those items on the Wassenaar Arrangement list. As of early June, the State Department had seen a 57 percent reduction in licensing volumes across its 15 USML categories since ECR started (see 1606070048).
The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to reflect Congress’ 2015 repeal of the U.S. oil export ban, BIS said (here). Effective May 12, the agency's final rule eliminates Export Control Classification Number (ECCN) 1C981 of the Commerce Control List (CCL), which controlled crude petroleum products, BIS said. U.S. crude oil exports that neither involve individuals subject to an export denial order, nor involve any embargoed or sanctioned people or countries, will no longer require a BIS short supply license, the agency said. The 2016 Consolidated Appropriations Act, which entered into force on Dec. 18, codified the repeal of the U.S. prohibition on oil exports.
Commerce is proposing to amend the Export Administration Regulations as part of an initiative under Export Control Reform to transfer less sensitive United States Munitions List Category XII items — Fire Control, Laser, Imaging, Guidance and Control Equipment — to the Commerce Control List (CCL), BIS said (here). For certain dual-use infrared detection items, the proposed rule would provide more controls for certain software and technology, disqualify the use of some license exceptions, modify licensing policy, and broaden license requirements for specified transactions involving military end-users or foreign military goods, said BIS. Additionally, the rule would harmonize provisions within the Export Administration Regulations (EAR) by rewriting controls associated with certain quartz rate sensors and uncooled thermal imaging cameras, BIS said.
International Trade Today is providing readers with some of the top stories for Dec. 28 - Dec. 31 in case they were missed.
The International Trade Data System gives the Bureau of Industry and Security control to update Export Control Classification Numbers, create new license type codes and edit both the ECCNs and type codes in the Automated Export System, said BIS Director of Technology Evaluation Gerard Horner at a Nov. 3 Update conference seminar. In lauding ITDS and touting BIS’ response to industry concerns, Horner also said BIS is “ready to build” a BIS license documentation module in AES.
The Bureau of Industry and Security amended the Export Administration Regulations to add one item to the list of eligible items that U.S. companies may export to Advanced Micro-Fabrication Equipment (China), as well as one item and facility to the existing authorization for Applied Materials (China). Both entities are validated end-users. This final rule (here), which is effective Oct. 28, adds Export Classification Number 3B001.a.2 to the list of items approved for export, reexport or transfer to Advanced Micro-Fabrication Equipment. The rule also adds ECCN 3E001 to the list of items approved for export, reexport or transfer to Applied Materials and approves the following facility for the company’s existing authorization:
The Commerce (here) and State (here) departments issued a set of Export Control Reform proposals to transfer control of some items on U.S. Munitions List categories XIV (Toxicological Agents) and XVIII (Directed Energy Weapons) to the Commerce Control List. Stakeholders may submit comments on the transfers to either Commerce’s Bureau of Industry and Security or State’s Directorate of Defense Trade Controls, the two agencies responsible for export control, by Aug. 17.
The Commerce and State departments aim to continue progress with Export Control Reform in the coming months, the Office of Management and Budget said in its Spring 2015 Unified Agenda. Commerce and State plan to issue concurrent notices of proposed rulemakings at some point in May to transfer regulations from the U.S. Munitions List to the Commerce Control List for USML Category XIV (Toxicological Agents), despite the limited time remaining in the month.
The Obama administration unveiled its proposal to transfer export restrictions on fire control and related equipment from the State Department to the Commerce Department’s Bureau of Industry and Security as part of the administration’s Export Control Reform campaign. The State Department (here) and BIS (here) proposed rules, which the Defense Department also helped to formulate, would transfer control of items under U.S. Munitions List Category XII (Fire Control, Range Finder, Optical and Guidance and Control Equipment) to the Commerce Control List. Both agencies will accept comments on the changes until July 6.