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BIS Makes Corrections to Export Administration Regulations

Friday, December 04, 2015
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has made the following amendments to the Export Administration Regulations to correct a May 21 final rule implementing changes to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies.

- The Commerce Country Chart is revised by removing the export license requirements for national security reasons for South Africa and for regional stability reasons for South Africa and Argentina.

- A thermal imaging camera reporting requirement exemption for Canada that was inadvertently removed is restored.

- To make a regulatory amendment implementing a 2014 Wassenaar Arrangement agreement pertaining to diving and underwater swimming apparatus specially designed and modified for military use, ECCN 8A620.f is replaced with a new paragraph containing two subparagraphs: f.1 for self-contained diving rebreathers, closed or semi-closed circuit; and f.2 for underwater swimming apparatus specially designed for use with equipment specified in f.1. Paragraph f.1 narrows the scope by adding the “self-contained” parameter, while f.2 is an expansion of controls.

- The range of reference for the paragraphs impacted by ECCN 9A515 in the license requirement note for ECCN 9A004.a (covering space launch vehicles and spacecraft) is corrected and a related controls note is clarified.

- The reference concerning jurisdiction for specially designed parts, components, systems and structures for launch vehicles, launch vehicle propulsion systems or spacecraft is corrected in the heading to ECCN 9A010.

In addition, BIS is removing Fiji from Column D:5 “U.S. Arms Embargoed Countries,” and Country Group D in Supplement No. 1 to Part 740 of the EAR because the State Department in May rescinded the previous policy of denying exports of defense articles and defense services to Fiji. BIS states that as a result there are specific license exception restrictions that pertain to Country Group D:5 that no longer apply to Fiji. In addition, this change affects the national security and regional stability license review policy for 9x515 or 600 series ECCNs when destined to Fiji as well as the application of the de minimis rules for foreign products incorporating controlled U.S. content destined to Fiji.

Shipments of items removed from license exception eligibility or eligibility for export, reexport or transfer (in-country) without a license as a result of this regulatory action that were on dock for loading, on lighter, laden aboard a carrier, or en route aboard a carrier to a port on Dec. 3 pursuant to actual orders to a destination may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported, reexported or transferred (in-country) before Feb. 1, 2016. Any such items not actually exported, reexported or transferred (in-country) before midnight on Feb. 1 will require a license in accordance with this regulation.

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