July 17, 2018
The U.S. Department of State and U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently published proposed rules describing how items no longer warranting control under Categories I (firearms, close assault weapons and combat shotguns), II (guns and armament) and III (ammunition and ordnance) of the United States Munitions List (USML) – part of the International Traffic in Arms Regulations (ITAR) – would be controlled under the Commerce Control List (CCL) – part of the Export Administration Regulations (EAR).
Reasons for transfer
The changes described in the proposed rules are based on a review of Categories I, II, and III by the Department of Defense, which worked with the State Department and BIS in preparing the amendments. The review was focused on identifying the types of articles that are now controlled on the USML that are either: (i) inherently military and otherwise warrant control on the USML; or (ii) if of a type common to non-military firearms applications, possess parameters or characteristics that provide a critical military or intelligence advantage to the U.S., and are almost exclusively available from the U.S. BIS stated that if an article satisfies one or both of those criteria, the article will remain on the USML. If an article does not satisfy either criterion, it has been identified in the new Export Control Classification Numbers (ECCNs) included in BIS’s proposed rule. BIS stated that the items described in its proposed rule are essentially commercial items widely available in retail outlets and less sensitive military items. Below is a high-level overview of the changes to the EAR.
BIS proposes to create the following 17 new ECCNs to control items proposed for removal from the USML:
BIS proposes to revise the following ECCNs:
BIS proposes to remove the following ECCNs from the CCL:
BIS’s proposed rule also provides information regarding:
Lastly, in addition to comments on the proposed changes, both the State Department and BIS request comments on the appropriate delayed effective date of the proposed changes.
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