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Export Controls on Explosives, Protective Gear, Military Electronics Under Review

Monday, February 12, 2018
Sandler, Travis & Rosenberg Trade Report

The State Department and the Bureau of Industry and Security are seeking public comments by April 13 in connection with reviews of articles transferred from the U.S. Munitions List to the Commerce Control List. Items controlled under 600 series entries on the CCL, including energetic materials, armored and protective equipment, and military electronics, were previously controlled on the USML but were determined by the president to not warrant control there.

The State Department is currently conducting a review of the controls implemented in revisions to USML categories V, X, and XI (which control these types of articles) and is specifically requesting comment on the following topics.

- emerging and new technologies that are appropriately controlled by one of these categories but are not currently described there or are not described with sufficient clarity

- defense articles described in these categories that have entered into normal commercial use since the most recent revisions to the category

- defense articles for which commercial use is proposed, intended, or anticipated in the next five years

- drafting or other technical issues in the text

- category XI paragraph (b) modification

BIS is performing a complementary review to ensure that the descriptions of these items on the CCL are clear, that items for normal commercial use are not inadvertently controlled as military items on the USML, that technological developments are accounted for on the control lists, and that controls properly implement U.S. national security and foreign policy objectives. Specifically, BIS is soliciting comments on the clarity and usability of, as well as any other matters related to implementation of, the 600 series ECCNs that control the following items, as well as certain items related thereto: energetic materials (ECCNs 1B608, 1C608, 1D608, and 1E608), armored and protective equipment (ECCNs 1A613, 1B613, 1D613, and 1E613), military electronics (ECCNs 3A611, 3B611, 3D611, and 3E611), and cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620, and 9E620).

Both State and BIS are also seeking comments on potential cost savings to private entities from shifting control of specific commercial items from the USML to the CCL.

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