June 11, 2015

As part of the Export Control Reform Initiative, the State Department’s Directorate of Defense Trade Controls (DDTC) and the Commerce Department’s Bureau of Industry and Security (BIS) are requesting comments on their respective proposed rules published on May 5, 2015, with respect to items controlled under U.S. Munitions List (USML) Category XII. The proposed rules specifically focus on fire control, range finder, optical and guidance and control equipment (including night vision and thermal imaging devices and cameras, among others).

The proposed rules identify items that will remain on the USML, as well as those items that will be transferred to the Commerce Control List (CCL) as they no longer warrant control under the International Traffic in Arms Regulations (ITAR). The BIS and DDTC are requesting that interested parties submit comments by July 6, 2015, that:

  1. Identify where there are any gaps in coverage provided by the proposed rules;
  2. Provide examples of control criteria that do not establish a bright line between the USML and CCL, or between the 600-series Export Control Classification Numbers (ECCNs) and the rest of the CCL;
  3. Provide examples of items that would be controlled by USML Category XII or new 600-series ECCNs that are now in normal commercial use;
  4. Assess the use of the phrase “permanent encapsulated sensor assembly”;
  5. Discuss the impact of the new license requirements for exports to Canada of items in the BIS rule; and
  6. Discuss the expansion of licensing requirements and removal of license exception applicability on items that are currently exportable under the EAR without a license or under an exception.

Click here to view the full article which describes the proposed rules in greater detail.