On August 30, 2017, the Department of State published in the Federal Register a final rule [Public Notice 10082] that temporarily modifies Category XI of the United States Munitions List (USML) in the interest of the security of the United States.
On July 1, 2014, State published a final rule revising Category XI of the USML, 79 Fed. Reg. 37536, effective December 30, 2014. That final rule, consistent with the two prior proposed rules for USML Category XI (78 Fed. Reg. 45018, July 25, 2013 and 77 Fed. Reg. 70958, November 28, 2012), revised paragraph (b) of Category XI to clarify the extent of control and maintain the existing scope of control on items described in paragraph (b) and the directly related software described in paragraph (d). State has determined that exporters may read the revised control language to exclude certain intelligence-analytics software that has been and remains controlled on the USML. Therefore, State determined that it is in the interest of the security of the United States to temporarily revise USML Category XI paragraph (b), pursuant to the provisions of 22 C.F.R. 126.2, while a long-term solution is developed. State will publish any permanent revision to USML Category XI paragraph (b) addressing this issue as a proposed rule for public comment.
The temporary revision clarifies that the scope of control in existence prior to December 30, 2014 for USML paragraph (b) and directly related software in paragraph (d) remains in effect. This clarification is achieved by reinserting the words “analyze and produce information from” and by adding software to the description of items controlled.
State previously published a final rule on July 2, 2015 (80 Fed. Reg. 37974) that temporarily modified USML Category XI(b) until December 29, 2015. State published a final rule on December 16, 2015 (80 Fed. Reg. 78130) that continued the July 2, 2015 modification to August 30, 2017. This final rule extends the July 2, 2015 modification to August 30, 2018 to allow the U.S. government to review USML Category XI in full and publish proposed and final rules.
Amendatory instructions 1 [authority citation for part 121] and 2 [In § 121.1, under Category XI, revise paragraph (b)] are effective August 30, 2017. Amendatory instruction No. 3 [a further revision to § 121.1, under Category XI, paragraph (b)], is effective August 30, 2018.