BIS Issues 45 Frequently Asked Questions on Export Control Reform Issues

By Doug Jacobson, Jacobson Burton PLLC

Today the Bureau of Industry and Security (BIS) posted on its website 45 answers to frequently asked questions (FAQs) on various Export Control Reform (ECR) issues.

The ECR FAQs can be found by clicking on the "Reform" tab found at the top of the BIS home page and scrolling down to the "ECR FAQs" button. The direct link to the ECR FAQs can be found here.

The ECR FAQs were developed based on the various questions that have been submitted by exporters to BIS during the weekly ECR teleconferences.

The FAQs are arranged according to the following topics:

• Transition Issues (2 questions)
• 600 Series Items (3 questions)
• License Exception Strategic Trade Authorization (STA) (2 questions)
• CCL Order of Review (8 questions)
• Specially Designed (30 questions)

In most cases the answers to the questions contain detailed information, including citations to the relevant provisions of the Export Administration Regulations (EAR) or links to other resources, such as the Order of Review and Specially Designed decision tools.

Not surprisingly, most of the answers to the FAQs are related to the new definition of "specially designed" in the EAR that went into effect on October 15, 2013.

It is anticipated that BIS will update these FAQs and add additional FAQs as the additional changes to the EAR and Commerce Control List take effect.