In late May, DDTC and BIS issued proposed companion rules to amend the ITAR and the EAR in furtherance of ECR. The proposed amendments harmonize the language required in the ITAR and in the EAR for destination control statements. The proposed change acknowledges that, in connection with ECR, the transfer of jurisdiction from the ITAR to the EAR for certain controlled items has “increased the incidence of exporters shipping articles subject to both the ITAR and the EAR in the same shipment,” causing confusion among exporters as to which destination control language should be used. The DDTC proposal includes additional amendments clarifying ITAR provisions that apply to the export of EAR-controlled items when exported pursuant to a DDTC authorization and pertaining to DDTC authorization to export or retransfer EAR-controlled items. The DDTC proposed amendments also seek to clarify when license exemptions apply for exports to or on behalf of a U.S. government agency. DDTC and BIS will accept comments on the proposed amendments until July 6, 2015.
For additional detail on the proposed amendments, see the Federal Register notice.