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Export Control Regulations Amended to Reflect Missile Technology Regime Changes

Thursday, August 30, 2018
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective Aug. 30, revises the following export control classification numbers to align the missile technology controls on the Commerce Control List and other parts of the Export Administration Regulations with changes to the Missile Technology Control Regime annex that were agreed to by MTCR member countries in 2017: 1B117, 1B118, 1C111, 1C118, 2B109, 2B120, 2B121, 2B122, 6A107, 7A105, 7A107, 7A116, 9A012, 9A101, 9A115, 9A515, and 9A610,

The MTCR is an export control arrangement among 35 nations, including most of the world’s suppliers of advanced missiles and missile-related equipment, materials, software, and technology. It establishes a common list of controlled items (the annex) and a common export control policy (the guidelines) that member countries implement in accordance with their national export controls. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction by controlling exports of goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for such weapons.

Shipments of items removed from eligibility for a license exception or export or reexport without a license (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport on Aug. 30 pursuant to actual orders for export or reexport to a foreign destination may proceed to that destination under the previous eligibility for a license exception or NLR so long as they are exported or reexported before Oct. 1. Any such items not actually exported or reexported before midnight on Oct. 1 will require a license in accordance with this rule.

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