The Bureau of Industry and Security is adding specified biosensor systems and associated software and technology to Export Control Classification Numbers in the new 500 series, for items that warrant Commerce control but aren’t currently identified in existing regulations. In an interim final rule published in the Federal Register, the Bureau said those items will be classified under Export Control Classification Numbers 0Y521 series, a sort of catch-all category equivalent to U.S. Munitions List Category XXI, which covers miscellaneous articles (see 12041302 for more on the final rule).

The Bureau of Industry and Security posted comments it received on its proposed rule to move military electronics equipment and related items from the U.S. Munitions List to the Commerce Control List. Several commenters expressed concern over the inclusion in more restrictive “600 series’ ECCNs of items that also have civilian applications. Some comments also addressed the issue of the "specially designed" definition.

The State Department and Bureau of Industry and Security each issued proposed rules to move articles related to launch vehicles, missiles, rockets, and military explosive devices to the Commerce Control List. State’s rule would amend U.S. Munitions List Category IV (“launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines”) to remove some items from International Traffic in Arms Regulations control and create a more positive list. The concurrent BIS proposal would create new ECCNs for the articles moving from the USML to the CCL, and make conforming changes. Comments on both proposed rules are due by March 18.

The Census Bureau sent out AES Broadcast #2013005 as part of a series of monthly educational broadcast messages on fatal errors in the Automated Export System. This month Census is highlighting AES error codes 004 (Filer / Transmitter Not Authorized To Send) and 666 (ECCN Must Be From Approved List). The broadcast covers the reasons for these error messages and how to resolve them, as follows:

The Bureau of Industry and Security issued a final rule, effective Jan. 16, amending the list of eligible destinations for three Authorization Validated End-User listings at Supplement No. 7 to Part 748 of the Export Administration Regulations, and removing an eligible ECCN for one of the VEUs. The final rule also adds a statement clarifying that language in the VEU supplement doesn’t supersede other EAR requirements. These changes are not because of activities of concern, but instead arise from the companies’ normal course of business or company requests, BIS said.

The Commerce Department released its fall 2012 Unified Agenda, setting out its regulatory plans for fiscal year 2013. Scheduled rulemakings include the Census Bureau’s Foreign Trade Regulations rewrite, as well as numerous proposed and final rules relating to Export Control Reform. In FY 2012, the Bureau of Industry and Security issued nine of the 12 final rules planned in the fall 2011 Unified Agenda, and three of seven proposed rules. Census had only planned to issue its FTR rewrite final rule, and did not do so in FY 2012.

The Bureau of Industry and Security finalized its rule amending provisions on Validated End-User notifications, as well as situations where license requirements change for items previously exported under Authorization VEU. The final rule, which is effective Jan 18, makes minor changes to the proposed rule published on April 17.

The Enterysis Corp., based in India and San Jose, Calif., had its export privileges denied for 10 years after the Bureau of Industry and Security found it violated the Export Administration Regulations by exporting controlled items to India without the required license. Enterysys was charged with (1) exporting ceramic cloth to India without the required license; (2) evasion; (3) engaging in prohibited conduct by exporting electronic components to a company on then Entity List without a license; and (4) acting with knowledge of a violation. BIS found the company to be in default after it received no response to a charging letter, and no response to an administrative law judge’s recommended decision and order.

The Bureau of Industry and Security issued a final rule to correct references and typographical errors in the Commerce Control List (CCL). According to BIS, the corrections to the CCL “are primarily editorial in nature and do not affect license requirements.” The exception is ECCN 3A991, where a technical standard is changed. The following ECCNs are being revised (reason for revision in parentheses):

The Bureau of Industry and Security proposed its long-promised “clean-up” of the Commerce Control List (CCL), in a rule scheduled for publication in the Nov. 29 Federal Register. The proposed rule follows a December 2010 request for comments on how to make descriptions of items controlled on the CCL clearer. ECCNs in all categories of the CCL, as well as its basic structure, would be affected by the proposal. Comments on the proposed rule are due by Jan. 28.