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Final Rule Revising Export Regulations to Reflect Changes to Dual-Use Goods List Corrected

Wednesday, June 14, 2017
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security is correcting certain citations, replacing certain text that was inadvertently removed, and correcting other errors associated with a Sept. 20, 2016, final rule that revised the Commerce Control List and corresponding parts of the Export Administration Regulations to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies at the December 2015 WA plenary meeting, which included raising the adjusted peak performance for high-performance computers.

Among other things, the Sept. 20, 2016, rule (1) amended APP parameters in several places in the EAR, such as in the de minimis rules, license exception APP, and related reporting requirements; (2) updated license requirements and policies associated with Category 5 - Part 2, including revising ECCNs 5A992, 5D992, and 5E992; and (3) removed the foreign national review requirement associated with deemed exports under license exceptions APP and CIV.

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