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Export Controls, Routed Exports, Recordkeeping Among Topics of Upcoming DOC Regulations

Wednesday, January 07, 2015
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. Items new to the agenda are marked with an asterisk, and the expected timeframes for issuance of the rules are indicated in parentheses.

- (*) a final rule amending the Foreign Trade Regulations to reflect changes related to the implementation of the International Trade Data System and subsequent changes to access to electronic export information (January)

- (*) a final rule reinstating export filing exemptions for temporary exports, which include carnets, and goods previously imported under a temporary import bond and exported in the same condition (January)

- (*) an interim final rule amending the microprocessor military end use and end user controls by expanding the scope of microprocessors subject to the restriction to (a) harmonize with technological advancements to microprocessor chips and (b) include related software and technology for the development and production of these chips; this rule also adds a prohibition on the use of license exceptions and otherwise expands license requirements for exports, reexports or transfers (in-country) of microprocessors subject to the military end use and end user restriction (April)

- 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 (April)

- a final rule on revisions 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 (April)

- 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 (April)

- (*) a final rule removing the EAR provisions on comprehensive special licenses (June)

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

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

- 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 (June)

- (*) a proposed rule on revising and improving the recordkeeping requirements of the Export Administration Regulations (December)

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