U.S. Enacts Changes to Exports Controlled for National Security Reasons

June 25, 2013
By Jim Trubits

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Effective June 20, the Bureau of Industry and Security has revised the Commerce Control List to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies. These changes will ensure a level playing field for the U.S. and its competitors in other Wassenaar Arrangement member countries.

What is the Wassenaar Arrangement?

The Wassenaar Arrangement is a multinational group used by member countries to organize their export controls of conventional arms and dual-use goods/technologies. To date, there are 41 member countries, including the U.S.

What changes were made to the Commerce Control List?

Changes include:

  • Revisions to the Export Control Classification Numbers (ECCN) controlled for national security reasons in each category of the Commerce Control List (with the exception of category 8 and the General Software Note).
  • Revisions to the Wassenaar Arrangement’s reporting requirements and certain definitions.
  • The addition of unilateral controls for exports of specific software and technology for aviation control systems.

Which Export Control Classification Numbers (ECCN)
are affected?

If your product’s ECCN is listed below, we strongly encourage you to read the full text of the rule to familiarize yourself with new or revised requirements.

Full text of final rule (78 FR 37371)

The following Export Control Classification Numbers (ECCN) on the Commerce Control List are revised to implement the changes to the Wassenaar List of Dual-Use Goods and Technologies:
1A004
1C001
2B001
2B006
2D001
2D002
3A001
3A002
3B001
3C002
4D001
5A001
5B001
5E001
5A002
5E002
6A001
6A002
6A005
6C004
6C005
7A001
7D003
7E001
7E004
9A001
9A018
9E003

The following ECCNs are added to the Commerce Control List to implement the changes to the Wassenaar List:
2D003
7D004

Corresponding changes related to the movement of 5A001.i to 5A001.f.1 are made to the following ECCNs:
5A980
5D001
5D980
5E001
5E980

This rule also makes additions to the following ECCNs for “source code” for the “development” of fly-by-wire control systems and “technology” for fly-by-wire control systems, see 7D004 for explanation:
0D521
0E521

What steps should I take in regards to licensing based on these rule changes?

If you will need to apply for a license or qualify for a license exception, it’s important to review and document your process. When in doubt, it is best to seek guidance from the Bureau of Industry and Security (click here for contact information).

NOTE: Shipments of items removed from license exception eligibility or eligibility for export without a license as a result of this rule, that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on June 20; pursuant to actual orders for export to a foreign destination; may proceed to that destination under the previous license exception eligibility or without a license; so long as they have been exported from the United States before August 19. Any such items not actually exported before midnight on August 19 will require a license in accordance with this rule.

Jim Trubits is Director of Business Development for Mohawk Global Logistics.

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