The latest round of export reforms seems to be closing in. As part of the President’s Export Control Reform initiative in a new proposed rule, the Department of State seeks to amend the International Traffic in Arms Regulations (ITAR) to revise category XII of the U.S. Munitions List (USML), to describe more precisely the articles warranting control on the USML.
The new rule will shift Category XII articles (Fire Control, Range Finder, Optical, and Guidance and Control Equipment) from the USML of the ITAR to the Commerce Control List (CCL) by creating new “600 series” Export Control Classifications Numbers (ECCN)s 6A615, 6B615, and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNS 7B611, 7C611 and 7E611 for military optical and guidance items. Revisions to the EAR: Control of Fire Control, Range Finder, Optical, and Guidance and Control Equip. the President no longer warrants control under the USML. 80 Fed. Reg. 25798 (Proposed May 5, 2015). In addition, for certain night vision items that are currently subject to the Export Administration Regulations (EAR), this rule proposes to expand control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to these night vision items. Id. This proposed rule would also expand the scope of end-use restrictions on certain exports and re-exports of certain cameras, systems, or equipment, and expand the scope of military commodities described in ECCN 0A919. Id.
Like all previous reforms aimed at restructuring the Export Control System, the latest proposed revision will most likely go into effect. This inevitable adaptation to the quickly changing economic and technological landscape was proposed on May 5, 2015, and the Department of State will accept public comments on this rule through July 6, 2015. This revision, which aims at strengthening national security and the competitiveness of key U.S. manufacturing and technology sectors, would also reduce unnecessary restrictions on exports of less sensitive items.
Interested parties may submit comments within 60 days of the date of publication by one of the following methods:
- Email: DDTCPublicComments@state.gov with the subject line. “ITAR Amendment—Category XII.” OR
- Internet: At www.regulations.gov, search for this notice by using this rule’s RIN (1400-AD32).
To get more information about this proposed rule you can visit:https://www.federalregister.gov/articles/2015/05/05/2015-10353/revisions-to-the-export-administration-regulations-ear-control-of-fire-control-range-finder-optical