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Export Control Regulations Revised for Changes in Missile Control Regime

Tuesday, May 27, 2014
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective May 27, makes the following changes to the Export Administration Regulations to reflect changes to the Missile Technology Control Regime Annex that were agreed to by MTCR member countries in 2013.

- amends the definition of “payload” for space launch vehicles to specifically identify separation systems (BIS states that this is a clarification and will not change any scope of control)

- makes non-substantive amendments to the definition of “repeatability” to help the public more easily identify the standards being referenced

- revises export control classification numbers 1B102, 1B117, 1D001, 1D018, 1D101, 6A107, 9A101, 9A102 and 9B106

Shipments of items removed from eligibility for a license exception or export or reexport without a license (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport on May 27 pursuant to actual orders for export or reexport to a foreign destination may proceed to that destination under the previous eligibility so long as they are exported or reexported before June 26. Any such items not actually exported or reexported before midnight on June 26 will require a license in accordance with this rule.

The MTCR is an export control arrangement among 34 nations, including most of the world’s advanced suppliers of missiles and missile-related equipment, materials, software and technology. The regime establishes a common list of controlled items (the Annex) and a common export control policy (the Guidelines) that member countries implement in accordance with their national export controls. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction by controlling exports of goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for such weapons.

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