U.S. Export Control Reform News and Upcoming Deadlines for Public Comments
Resumption of Weekly Wednesday Export Control Reform Update Conference Calls and Addition of Conference Call on Monday, December 19th
BIS Assistant Secretary
Kevin Wolf will resume his weekly teleconferences on Wednesdays at 2:00 pm EST to
answer questions about the Department of Commerce’s proposed rules regarding the Administration’s Export Control Reform (ECR) Initiative. These calls are intended to foster public understanding of ECR and to assist the public in submitting informed
comments to the proposed regulations that are pending (see below). The dial-in number for the conference calls is 1-877-389-6079,
Participant Code: 905168. Advance written questions are encouraged and should be sent to oesdseminar@bis.doc.gov with a subject line of “Teleconference questions.”
Because of the overwhelming response to last Wednesday's call, a number of people were not able to join the call. BIS has now added the ability to allow more participants to join the calls.
In addition, an additional call with Assistant Secretary Wolf has been scheduled for Monday, December 19 from 3:30 to 4:30 pm EST (using same number as above).
Deadline for Comments on Moving Aircraft and Related Items from USML Category VIIII to CCL is December 22, 2011
The Directorate of Defense Trade Controls' (DDTC) proposed rule
issued on November 7, 2011 would amend the International
Traffic in Arms Regulations (ITAR) to revise U.S. Munitions List (USML) Category VIII
(aircraft and related parts) to describe more precisely the military
aircraft and related defense articles warranting control on the USML and under the ITAR.
The BIS proposed rule also published on November 7, 2011 describes how
aircraft and parts determined no longer to be subject to USML Category VIII would be
controlled under the Commerce Control List (CCL) in new Export Control
Classification Numbers (ECCNs) 9A610, 9B610, 9C610, 9D610, and 9E610. This proposed rule also would control military aircraft and
related items now controlled under ECCNs 9A018, 9D018 and 9E018 under
new ECCNs 9A610, 9D610 and 9E610. This proposed rule also addresses
license exception STA availability for items controlled by the five new
ECCNs that would be created.
Comments on these proposed rules are due on December 22, 2011 and should be submitted by email or via www.regulations.gov. See the text of each proposed rule for the applicable reference number (RIN).
Deadline for Comments on Proposed Changes to Export Administration Regulations is February 1, 2012
In addition to considering how to modify the CCL to control items moved from the USML, on August 5, 211, BIS issued a Notice of Inquiry in the Federal Register requesting public comments on how the EAR, Chemical Weapons Convention Regulations, Additional Protocol Regulations, and National Defense Industrial Base Regulations can be clarified or
streamlined to be more effective or less burdensome. This is being done as part of President Obama's January 2011 Executive Order
directing government agencies to review and improve regulations. BIS regulation review will focus on issues outside the
context of Export Control Reform and extends to the entire EAR, including
license exceptions and documentation requirements. Any changes from this review that do away with unnecessary complexity will reduce exporters'
licensing and compliance burdens and go beyond the significant reductions
expected from the Export Control Reform Initiative.
BIS is seeking comments on the following topics:
- Identifying unnecessary compliance burden caused by regulations that are unduly complex, outmoded, inconsistent, or overlapping;
- Specific comments on ways to improve the existing regulations or eliminating outmoded ones;
- Aspects of the regulations the public considers effective or well designed;
- Information on foreign countries’ implementation of export controls.
Comments can submitted until February 1, 2012 to BIS by email or via
www.regulations.gov. The regulations.gov ID for this Notice of Inquiry is: BIS–2011–0027.
Labels: Export Controls, ITAR
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