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

Tuesday, August 15, 2017
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule revising 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 2016 WA plenary meeting. This rule is generally effective as of Aug. 15, although some changes will not be effective until Sept. 25 or Nov. 24.

This rule (1) revises 50 ECCNs controlled for national security reasons, (2) adds license exception LVS eligibility to ECCN 3A001.b.12 and license exception GBS eligibility to ECCN 2A001.b.14, (3) expands eligibility for license exceptions TSR and STA to ECCNs 4D001 and 4E001, and (4) moves Burma from computer tier 3 to computer tier 1 for purposes of license exception APP (effective Nov. 24).

Shipments of items removed from license exception eligibility or eligibility for export, reexport, or transfer (in-country) 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. 15 pursuant to actual orders for exports, reexports, or transfers to a foreign destination may proceed to that destination under the previous license exception eligibility or NLR so long as they have been exported, reexported, or transferred before Oct. 16. Any such items not actually exported, reexported, or transferred before midnight on Oct. 16 will require a license in accordance with this rule.

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