Industry expressed concern over increased controls on exports parts and components that would result from the Bureau of Industry and Security and State Department’s proposed definitions of “specially designed’ on the Commerce Control List (CCL) and U.S. Munitions List (USML), in comments submitted in response to BIS and State’s June 19 proposed rules. Comments were due Aug. 3. While most commenters were generally supportive of BIS and State’s efforts at a unified definition, others were worried about the effect of the rules on small business. A BIS advisory committee voiced its complete opposition to the proposed definitions, calling instead for removal of the phrase “specially designed” from the CCL.

The Bureau of Industry and Security issued a notice correcting the Export Administration Regulations’ at 15 Part 774 Supplement No. 1 (the Commerce Control List) for 5 ECCNs in Category 7 (Navigation and Avionics), and 1 ECCN in Category 9 (Propulsion Systems Space Vehicles and Related Equipment). Changes are as follows:

The Bureau of Industry and Security issued a notice correcting the Export Administration Regulations’ at 15 Part 774 Supplement No. 1 (the Commerce Control List) for 8 ECCNs in Category 6 (Sensors and Lasers). Changes are as follows:

The Bureau of Industry and Security issued a notice amending the Export Administration Regulations at 15 CFR Part 774 Supplement No. 1 (the Commerce Control List) to correct 10 ECCNs. Changes are as follows:

The U.S. and other Wassenaar Arrangement countries are looking into more specific export controls on technology, said Kevin Wolf, assistant secretary for Export Administration, at a July 20 meeting of the Bureau of Industry and Security’s Emerging Technology and Research Technical Advisory Committee. According to Wolf, this work stems from disagreement between the U.S. and the 40 other Wassenaar members on the meaning of “use” in the context of the phrase “technology for the ‘use’ of…” commonly used for technology controls. “We’re really a minority of one,” said Wolf. The U.S. hasn’t adopted the definition favored by the other Wassenaar members because, as the U.S. is the only Wassenaar member with a deemed export rule, adoption would have a disproportionate effect. Instead, Wolf said, the U.S. is discussing the possibility with other Wassenaar members of tying specific technologies to the specific types of "use" that merit control.

The Bureau of Industry and Security issued a final rule to amend the Export Administration Regulations, effective July 23, by: (1) removing United Nations Embargo (UN) controls on Rwanda; (2) removing machetes from the Commerce Control List; and (3) requiring a license to export or reexport certain items to countries subject to UN Security Council arms embargo, with a presumptive denial policy. The removal of Rwanda from UN controls implements the UN’s 2008 termination of the arms embargo against Rwanda, BIS said. BIS is removing machetes from the CCL because they were added only to address concerns with their use in Rwanda in particular.

The Bureau of Industry and Security issued an export denial order prohibiting exports by Humane Restraint, Inc. of Wis. to any destination except Canada for a period of two years, and pay a penalty of $465,000, of which all but $50,000 is suspended as per a settlement agreement, among other things. The denial order allows Humane Restraint to export under previously approved Bureau of Industry and Security licenses. According to the order, Humane Restraint exported various restraint devices, such as strait jackets, bed restraints, and wrist and ankle restraints, which are classified under ECCN 0A982 and controlled for Crime Control (CC) reasons), to Germany, Greece, Hungary, Ireland, New Zealand, South Korea, Taiwan, and the United Kingdom without the required license. The order also alleges that Human Restraint acted with knowledge that such activities are violations of the Export Administration Regulations

The Bureau of Industry and Security issued two Federal Register notices, set to be published in the July 16 Federal Register, correcting the Export Administration Regulations (EAR) at 15 CFR 772 (Definition of Terms) and 15 CFR 774 (Commerce Control List). The corrections to definitions remove a term and a note and add three terms, while the corrections to the CCL amend 11 ECCNs.

The Bureau of Industry and Security issued corrections to Export Administration Regulations provisions to make certain corrections, remove certain paragraphs, and add certain paragraphs, as follows:

The Bureau of Industry and Security issued a final rule, effective July 9 that amends the Export Administration Regulations to (1) change the names of existing Validated End-Users¹ Hynix Semiconductor China Ltd. and Hynix Semiconductor (Wuxi) Ltd. and their respective “Eligible destinations” in China; and (2) change the list of “Eligible items (by ECCN)” that may be exported, reexported and transferred (in-country) to the approved facility of VEU Boeing Tianjin Composites Co. Ltd. (BTC) in China. These changes are prompted by factors arising from the companies’ normal course of business, and are not the result of any activities of concern by the companies, BIS said.