On July 28, 2016, the Bureau of Industry and Security (BIS), Commerce, published in the Federal Register a final rule [Docket No. 120105019–5755–01] that implements changes described in a proposed rule that BIS published on June 17, 2015. Specifically, the final rule describes how articles the President has determined no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) are now controlled under the Commerce Control List (CCL). The affected Category XIV articles consist primarily of dissemination, detection, and protection “equipment” and related articles, such as production and test “equipment,” and are controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as added to the CCL by this final rule. The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models, and related articles and are controlled under new ECCNs 6B619, 6D619 and 6E619, as added to the CCL by this final rule.
This final rule is one of a series of rules describing how various types of articles that the President has determined no longer warrant control on the USML, as part of the Administration’s Export Control Reform Initiative, are controlled on the CCL in accordance with the requirements of the Export Administration Regulations (EAR).
This final rule is being published by BIS in conjunction with a final rule from the Department of State, Directorate of Defense Trade Controls (DDTC), which amends the list of articles controlled by USML Categories XIV and XVIII. The citations in this BIS rule to USML Categories XIV and XVIII reflect the amendments contained in the Department of State’s rule. The revisions made by BIS in this rule are part of Commerce’s retrospective regulatory review plan under Executive Order 13563 completed in August 2011.
On the same date, the Department of State published in the Federal Register a final rule [Public Notice: 9466] that amends the International Traffic in Arms Regulations (ITAR) to revise Categories XIV (toxicological agents, including chemical agents, biological agents, and associated equipment) and XVIII (directed energy weapons) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML and to establish a “bright line” between the USML and the CCL for the control of these articles.. The revisions contained in this rule are part of the Department of State’s retrospective plan under E.O. 13563, completed on August 17, 2011.
Both agencies’ final rules are effective on December 31, 2016.