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Export Regulations on Dual-Use Goods Revised to Reflect International Agreement

Thursday, June 20, 2013
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective June 20, revises the Commerce Control List to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies at the December 2012 WA plenary meeting. Specifically, this rule revises export control classification numbers controlled for national security reasons in each category of the CCL (except category 8) as well as the General Software Note, WA reporting requirements and certain definitions. This rule also adds unilateral controls to the CCL for exports of specific software and technology for aviation control systems that were removed from the WA List.

The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is a group of 41 countries committed to promoting responsibility and transparency in the global arms trade and preventing destabilizing accumulations of arms.

The BIS states that shipments of items removed from license exception eligibility or eligibility for export without a license 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 June 20 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 Aug. 19. Any such items not actually exported before midnight on Aug. 19 will require a license in accordance with this rule.

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