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BIS Removes Certain Nuclear Nonproliferation Export Controls

Monday, November 28, 2016
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule amending the Export Administration Regulations to remove nuclear nonproliferation Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes and transient recorders on the Commerce Control List. These changes are intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and, together with the U.S., participate in the Nuclear Suppliers Group.

As a result of the changes made by the final rule, some of these items are no longer listed under an Export Control Classification Number on the CCL. However, such items remain subject to the EAR under the designation EAR99. The rule also creates four new ECCNs to maintain anti-terrorism controls on certain affected commodities and related software and technology. All items subject to the EAR, regardless of whether they are listed on the CCL, may require a license for reasons described elsewhere in the EAR (e.g., license requirements based on end-user/end-use controls, embargoes or other special controls).

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