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Some Military Vehicles Proposed for Transfer to Commerce Control List

Wednesday, December 07, 2011
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a proposed rule describing how military vehicles and related articles that the president determines no longer warrant control under category VII of the U.S. Munitions List would be controlled under the Commerce Control List. Concurrently, the State Department’s Directorate of Defense Trade Controls has issued a proposed rule that would revised USML Category VII to describe more precisely the military ground vehicles warranting control 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 U.S. and foreign military vehicles currently in service would remain on the USML. However, State adds that its rule would narrow the types of ground vehicles controlled on the USML to only those that warrant control under the stringent requirements of the Arms Export Control Act. Changes would include the removal of most unarmored and unarmed military vehicles, trucks, trailers and trains (unless specially designed as firing platforms for weapons above .50 caliber) as well as armored vehicles (either unarmed or with inoperable weapons) manufactured before 1956. According to State, the significant aspect of the revised Category VII is that it does not contain controls on all generic parts, components, accessories and attachments that are specifically designed or modified for a defense article, regardless of their significance to maintaining a military advantage for the U.S. Instead, it contains a positive list of specific types of parts, components, accessories and attachments that continue to warrant control on the USML, and all others would become subject to the new 600 series controls in Category 0 of the CCL.

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