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Exports, Voluntary Disclosures Among Topics of DOC Regulations Under Development

Monday, August 05, 2013
Sandler, Travis & Rosenberg Trade Report

The Department of Commerce recently issued its semiannual regulatory agenda, which lists 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.

Upcoming Regulations

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

- a proposed rule that (a) clarifies the parties’ responsibilities under the Export Administration Regulations in a routed export transaction and (b) details when and how a U.S. principal party in interest 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 the term (March 2014)

- a proposed rule adding the Unverified List to the EAR and removing the availability of license exceptions in transactions involving parties listed on the UVL, which is done when the Bureau of Industry and Security is unable to conduct end-use checks for reasons outside of U.S. government control or unable to verify the existence or authenticity of a foreign transaction party (August)

- a final rule that (a) imposes a 180-day time limit from the date of the initial notification for submitting the comprehensive narrative account of violations when voluntarily disclosing EAR violations and (b) authorizes the use of delivery services other than registered or certified mail for service of charging letters in administrative enforcement proceedings (October)

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

- an advance notice of proposed rulemaking on whether BIS should require paragraph designations to be included in the export control classification number field in the Automated Export System

- 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; (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; and (c) adding provisions to clarify that any changes not specified in this section are treated by BIS with a presumption of being material changes

- a final rule on encryption export controls

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