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December 18, 2011 

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.


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