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Export Control Reform Rules on Military Aircraft and Gas Turbine Engines to be Revised

Tuesday, February 09, 2016
Sandler, Travis & Rosenberg Trade Report

Two federal agencies are proposing to modify the first regulatory revisions made under the Export Control Reform Initiative to ensure that those revisions are clear, do not inadvertently control items in normal commercial use and account for technological developments. Comments are due no later than March 25.

Effective Oct. 15, 2013, certain military aircraft and gas turbine engines, along with related parts, components, accessories and attachments, materials, software and technology, were added to ten new 600-series Export Control Classification Numbers on the Commerce Control List. At the same time, the U.S. Munitions List was amended by revising category VIII (aircraft and related articles) and creating category XIX (gas turbine engines and associated equipment) to describe, for the most part, the defense articles in those categories that remained on the USML in positive, objective terms.

The Bureau of Industry and Security is now proposing to modify these CCL entries by adding clarifying text to the descriptions of the types of military aircraft controlled on the CCL and clarifying and expanding the lists of items that are subject only to the anti-terrorism reason for control. BIS states that this rule would (a) make certain aircraft and parts, components, accessories and attachments that are currently subject to the International Traffic in Arms Regulations subject to the Export Administration Regulations and (b) require a license to only eight destinations for some aircraft and engine parts and components that currently require a license to all destinations other than Canada.

Similarly, the State Department’s Directorate of Defense Trade Controls is proposing to revise USML categories VIII and XIX to describe more precisely the articles warranting control on the USML.

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