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October 14, 2008 

BIS Publishes Final Rule Implementing Wassenaar Arrangement Changes to Commerce Control List

The Commerce Department's Bureau of Industry and Security has published a lengthy final rule in Tuesday's Federal Register (pdf) to revise the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies.

Today's final rule revises the EAR by:

  • Amending the following Export Control Classification Numbers (ECCNs) controlled for national security reasons: 1A004, 1E001, 1E201, 2B001, 2B002, 2B006, 2B007, 2B008, 3A001, 3A002, 3A229, 3B001, 3C002, 3C005, 3D001, 3E001, 5A001, 5A002, 6A001, 6A005, 6A995, 7A002, 7A003, 7A008, 9A012 and 9E003;
  • Adding the following new Export Control Classification Numbers (ECCNs) to the Commerce Control List (CCL): 1A006, 1A007 and 3C006;
  • Amending and adding certain definitions contained in section 772.1 of the EAR;
  • Adding or expanding unilateral U.S. export controls and national security export controls on certain items to make them consistent with the Wassenaar Arrangement's decisions.
While this final rule is effective immediately, the rule contains a "saving clause" which provides that pending shipments pursuant to actual orders for export or reexport 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 U.S. or reexported before December 15, 2008 (60 days after the publication date).

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