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Export Regulations Amended to Reflect Changes to Dual-Use Goods List

Monday, August 04, 2014
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule making the following changes to the Commerce Control List to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies at the December 2013 WA plenary meeting.

- revises export control classification numbers controlled for national security reasons in each category of the CCL

- amends the General Technology Note, WA reporting requirements and definitions section in the Export Administration Regulations

- makes corresponding revisions to the de minimis rule and post-shipment verification reporting requirements

- extends the controls on specified fly-by-wire source code software and technology until June 20, 2015, as BIS continues to negotiate for multilateral controls

- revises the license requirements for Mexico on the Commerce Country Chart because of its recent membership in multiple multilateral export control regimes

- makes changes to the EAR resulting from previous rules issued as part of BIS’s export control reform initiative and makes minor editorial corrections to the CCL

BIS notes that a separate rule planned for September will set forth changes to the CCL resulting from the WA agreements for cybersecurity, including raising the adjusted peak performance for digital computers in ECCN 4A003.

These changes are effective as of Aug. 4, except that certain revisions will be effective Aug. 30. Shipments of items removed from license exception eligibility or eligibility for export without a license (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on Aug. 4 pursuant to actual orders for export to a foreign destination may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported from the United States before Oct. 3. Any such items not actually exported before midnight on Oct. 3 will require a license in accordance with this rule.

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