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Export Controls and Licensing Among Topics of Forthcoming DOC Regulations

Wednesday, June 04, 2014
Sandler, Travis & Rosenberg Trade Report

The Department of Commerce recently issued its semiannual regulatory agenda, which lists the following regulations affecting international trade that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term. Items new to the agenda are marked with an asterisk, and the expected timeframes for issuance of the rules are indicated in parentheses.

Upcoming Regulations

- (*) a final rule establishing time limits for the submission of information pertaining to requests for sampling in administrative reviews of antidumping duty orders (June)

- (*) a proposed rule to (a) remove anti-terrorism controls on certain computers in light of technological advancements in the computing industry, (b) make technology and source code software for interconnect equipment eligible for deemed exports under license exception APP, (c) add Albania and Croatia to the license exception ENC favorable treatment countries list, and (d) remove the requirement to submit foreign national review requests and statements for deemed exports of computer and electronic component technology and source code under license exceptions APP and CIV (June)

- (*) proposed changes to support documents required to be submitted for license applications and changes to the Bureau of Industry and Security’s role in issuing documents for the Import Certificate and Delivery Verification  system (June)

- (*) a proposed rule updating and clarifying certain license exception AVS provisions and clarifying the requirements that apply to shipments to international waters (October)

- (*) a final rule imposing controls on read-out integrated circuits, seismic intrusion detection systems, radar for helicopter autonomous landing systems, and technology required for the development or production of specified nanotechnology (July)

- a proposed rule amending the licensing requirements for exports to Canada of shotguns, shotgun shells and optical sighting devices (December)

- a final rule that (a) clarifies the parties’ responsibilities under the Export Administration Regulations in a routed export transaction, including when the U.S. principal party in interest maintains its responsibility for license requirement determination and licensing, and (b) details when and how a U.S. PPI may delegate to the foreign PPI its responsibilities to determine license requirements and apply for a license (August)

- a proposed rule on positively identifying “specially” designed components on the Commerce Control List so as to decrease the use of that term (December)

Regulations in Process

- a proposed rule revising procedures to monitor international trade in certain fishery products by integrating trade monitoring programs within the International Trade Data System and requiring electronic information collection through the automated Internet portal maintained by U.S. Customs and Border Protection

- a proposed rule revising the Commerce Control List to apply crime control license requirements to certain devices, software and technology based on the roles those items play in crime control and law enforcement activities

- a proposed rule making the following revisions to the section of the EAR that specifies what changes may be made to export and reexport licenses: (a) expanding the scope of non-material changes that exporters and reexporters may self-determine are non-material, provided the changes are within the scope of specified parameters; and (b) adding a new subset of changes that may be made to an export or reexport license, provided the exporter or reexporter submits notification to BIS and BIS approves the change in writing as a non-material change

- a final rule on encryption export controls

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