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Export Controls on Defense Goods Under Review

Friday, March 08, 2019
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security and the State Department are seeking comments by April 22 to inform their review of the export controls implemented in revisions to categories IV (January 2014) and XV (January 2017) of the U.S. Munitions List and the related transfer of items to the Commerce Control List. These items include launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, mines, and spacecraft and related articles. The reviews seek to ensure that the USML or CCL listings describe these items clearly, capture them in normal commercial use, account for technological developments, and properly implement U.S. national security and foreign policy objectives.

In particular, BIS and State are seeking comments on ways to thoughtfully streamline export control regulations for both the U.S. commercial space industry and international partners to lower administrative burdens, decrease regulatory compliance costs, and increase exports. Specific issues of interest include technologies that warrant further review or control given their current or anticipated near-term commercial applications; technologies controlled under USML category IV or XV that are not currently described or not described with sufficient clarity that should be controlled under the EAR; defense articles that have entered into normal commercial use since the most recent revisions or for which commercial use is proposed, intended, or anticipated in the next five years; and the cost savings to private entities by shifting control of additional specific commercial items from the USML to the CCL.

For more information on export control issues for these or other goods, please contact Kristine Pirnia at (202) 730-4964.

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