The State Department has issued a final rule making two changes to category XI on the U.S. Munitions List.
First, effective Aug. 30, this rule excludes from the USML certain lower-performing radars, including in driver-assisted and self-driving ground vehicles and in detect-and-avoid systems for autonomous aerial systems. Specifically, this exclusion applies to those transmit/receive modules and transmit/receive monolithic microwave integrated circuits fabricated exclusively with homojunction complementary metal–oxide–semiconductor silicon-based circuits on silicon substrates, as well as radars and radar antennas that are specially designed to use only such modules or MMICs. These items will be subject to the Export Administration Regulations as of Aug. 30.
Second, this rule extends through Aug. 30, 2021, a temporary modification of category XI(b) intended to clarify that certain intelligence-analytics software has been and remains controlled on the USML. A more permanent solution is expected to be part of a wholesale revision of category XI that State is continuing to work on.
For more information on export controls under the USML and the EAR, please contact export attorney Kristine Pirnia for more information.
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