Export Control Regulations Revised to Reflect Wassenaar Changes
The Bureau of Industry and Security has issued a final rule that, effective May 21, revises the Commerce Control List to implement the following changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies in December 2014.
- new export controls in a number of areas, including spacecraft equipment (category 9) and technology for fly-by-wire/flight-by-light systems (category 7)
- substantial revisions to the texts for the control of machine tools (category 2) and optical equipment for military utility and fiber laser components (category 6)
- the deletion of obsolete controls relating to vessels (category 8)
- refined controls on unmanned aerial vehicles (category 9) given the substantial progress of technology in that area
- modified controls on items such as equipment for production of electronic devices (category 3), certain telecommunications equipment where encryption and other information security functionality is limited to operations, administration or maintenance tasks (category 5P2), and general purpose computers or servers where standard information security functionality is provided by embedded mass market microprocessors or operating systems (also category 5P2)
BIS states that this rule implements these changes by revising 42 Export Control Classification Numbers, adding one ECCN (9D005) and removing one (4D002), amending the General Technology Note, and adding seven definitions and revising six. This rule also revises 3 ECCNs (3B001, 3D001 and 3E001) to add license exception CIV eligibility for anisotropic plasma dry etching equipment and related software and technology for the development and production of this equipment as a result of BIS’ foreign availability assessment.
The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is a group of 41 like-minded states committed to promoting responsibility and transparency in the global arms trade and preventing destabilizing accumulations of arms. As a participating state, the U.S. has committed to controlling for export all items on the WA control lists. Proposals for changes to these lists that achieve consensus are approved at annual December plenary meetings, and participating states are charged with implementing the agreed list changes as soon as possible after approval.