On January 10, 2017, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 150325297–6180–02] that addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV—spacecraft and related items.
This is the third final rule BIS has published related to the May 13 rule and completes the regulatory action for the interim final rule. These changes were also informed by comments received in response to the May 13 rule that included a request for comments, as well as interagency discussions on how best to address the comments. The changes made in this final rule are grouped into four types of changes: Changes to address the movement of additional spacecraft and related items from the USML to the Commerce Control List (CCL), as a result of changes in aperture size for spacecraft that warrant ITAR control, in response to public comments and further U.S. Government review; changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; other corrections and clarifications to the spacecraft interim final rule; and addition of .y items to Export Control Classification Number 9A515.
This final rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls (DDTC) final rule (see below), which makes changes, including corrections and clarifications, to the provisions adopted in the State Department’s own May 13, 2014 rule. The State May 13 rule revised USML Category XV (22 C.F.R 121.1) to control those articles the President has determined warrant control on the USML. Both May 13 rules and the subsequent related rules are part of the President’s Export Control Reform Initiative. This rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563.
Also on January 10, 2017, the Department of State (State) published a final rule [Public Notice: 9688] amending the International Traffic in Arms Regulations (ITAR). As part of the President’s Export Control Reform (ECR) initiative, State published an interim final rule on May 13, 2014 that revised Category XV (Spacecraft and Related Articles) of the U.S. Munitions List (USML). After reviewing comments to the interim final rule, State is amending the ITAR to further revise Category XV of the USML to describe more precisely the articles warranting control in that category.
Both final rules are effective on January 15, 2017.