Some Military Gas Turbine Engines Proposed for Transfer to Commerce Control List
The Bureau of Industry and Security has issued a proposed rule describing how military gas turbine engines and related articles that the president determines no longer warrant control under category VI, VII or VIII of the U.S. Munitions List would be controlled under the Commerce Control List in new export control classification numbers 9A619, 9B619, 9C619, 9D619 and 9E619. This proposed rule would also control military trainer aircraft turboprop engines and related items, which are currently controlled under ECCN 9A018.a.2 or .a.3, 9D018 or 9E018, under new ECCN 9A619, 9D619 or 9E619.
Concurrently, the State Department’s Directorate of Defense Trade Controls has issued a proposed rule that would consolidate in a new USML Category XIX the military gas turbine engines and related articles that would remain on the USML. Comments on both of these proposed rules are due no later than Jan. 20, 2012.
BIS states that under these rules most operational military gas turbine engines currently in active inventory would remain on the USML. However, parts and components would in many cases become subject to the EAR.
BIS also plans to publish a proposed rule describing how the new controls described in this and similar notices would be implemented, such as through the use of “grandfather” clauses and additional exceptions. The goal of such provisions would be to give exporters sufficient time to implement the final versions of such changes and to avoid, to the extent possible, situations where transactions would require licenses from both State and BIS.