Thursday, December 18th, 2014
The European Commission has made some long overdue changes to the EU control list of Dual-Use Items (Annex I to Council Regulation (EC) No 428/2009) in order to incorporate changes from multilateral regime meetings held in 2011-2013. The newly updated list comes into force on December 31, 2014 and includes over 400 changes to every category (0-9) on the dual-use list.
Source: UK ECO
Wednesday, December 17th, 2014
Today BIS announced an expansion of the military end-user/end-use rules under § 744.17 of the EAR.Chiefly, this expansion deals with a new combination item/end-use based license requirement for all microprocessors having a processing speed of 5 GFLOPS or more and an arithmetic logic unit with an access width of 32 bit or more, including those incorporating ‘‘information security”, when destined for military end-uses or military end-users in Country Group D:1 countries. This license requirement now also applies to in-country transfers to prohibited military end-users or end-uses as well as the software and technology to develop or produce the microprocessors.
The following ECCNs now have a License Requirement Note referencing these newly expanded controls 3A001, 3A991 (revision of existing note), 3D002, 3D991, 3E001, 3E002, 3E991, 5A002, 5A992, 5D002, 5D992, 5E002 and 5E992.
Pay particular note to the fact that these license requirements for military end-user/end-use apply to microprocessors meeting the speed requirements above classified under any ECCN in Category 5—Part 2 (including Mass Market items), even if NLR or License Exception ENC would otherwise be available.
Source: 79 FR 75044
Thursday, July 24th, 2014
On July 1, 2014 the Departments of State and Commerce published their respective rules for amending the ITAR and EAR for control of military electronic equipment and other items the President determines no longer warrant control under the United States Munitions List (USML). This adds USML Category XI to the list of USML categories that have gone through the Export Control Reform effort.
These final rules are effective on December 30, 2014, except for the revision to Sec. 121.1, Category VIII(h)(4), which is effective August 15, 2014 (a revision to ensure that wing folding systems for commercial aircraft are not controlled as defense articles, while retaining those systems that warrant ITAR controls for foreign policy and national security).
Below is an up-to-date chart showing which USML categories are left for rewrites. It’s worth nothing that Under Secretary Eric Hirschhorn has mentioned that USML Category XII will very likely be the last category to undergo reform.
|USML Category||Key Milestones||Federal Register Notice(s)|
|IV||Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines||07/01/2014||06/30/2016||79 FR 34||79 FR 36393|
|V||Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents||07/01/2014||06/30/2016||79 FR 34||79 FR 36393|
|VI||Surface Vessels of War and Special Naval Equipment||01/06/2014||01/05/2016||78 FR 40922||79 FR 26|
|VII||Ground Vehicles||01/06/2014||01/05/2016||78 FR 40922||79 FR 26|
|VIII||Aircraft and Related Articles||10/15/2013||10/14/2015||78 FR 22740||78 FR 61750|
|IX||Military Training Equipment||07/01/2014||06/30/2016||79 FR 34||79 FR 36393|
|X||Personal Protective Equipment||07/01/2014||06/30/2016||79 FR 34||79 FR 36393|
|XI||Military Electronics||12/30/2014||12/29/2016||79 FR 37536||TBD|
|XII||Fire Control/Sensors/Night Vision||TBD||TBD||TBD||TBD|
|XIII||Materials and Miscellaneous Articles||01/06/2014||01/05/2016||78 FR 40922||79 FR 26|
|XV||Spacecraft and Related Articles||11/10/2014||11/09/2016||79 FR 27180||TBD|
|XVI||Nuclear Weapons Related Articles||07/01/2014||06/30/2016||79 FR 34||79 FR 36393|
|XVII||Classified Articles, Technical Data, and Defense Services||10/15/2013||10/14/2015||78 FR 22740||78 FR 61750|
|XVIII||Directed Energy Weapons||TBD||TBD||TBD||TBD|
|XIX||Gas Turbine Engines and Associated Equipment||10/15/2013||10/14/2015||78 FR 22740||78 FR 61750|
|XX||Submersible Vessels and Related Articles||01/06/2014||01/05/2016||78 FR 40922||79 FR 26|
|XXI||Articles, Technical Data, and Defense Services Otherwise Not Enumerated||10/15/2013||10/14/2015||78 FR 22740||78 FR 61750|
Wednesday, August 7th, 2013
On July 8, 2013 the Department of Commerce and Department of State published their respective final rules for initial implementation of the following Categories. These various ITAR and EAR amendments are effective January 6, 2014.
- VI – surface vessels of war and special naval equipment
- VII – military vehicles
- XIII – materials and miscellaneous items, and
- XX – submersible vessels and related articles
From the FR: As part of the President’s Export Control Reform (ECR) effort, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to revise four more U.S Munitions List (USML) categories and provide new definitions and other changes. The revisions contained in this rule are part of the Department of State’s retrospective plan under E.O. 13563.