Although the first two-year transition period to change export authorizations for items removed from the U.S. Munitions List (USML) to the Commerce Control List (CCL) ends October 14, 2015, you may have a bit more time to make the necessary changes.

If you have not yet obtained any required Commerce export authorizations for the items previously in USML Category VIII that moved over to ECCNs 9X610 and 9X619, you are apparently not alone. It appears that many exporters may have had difficulty meeting the transition deadline. To address this, Directorate of Defense Trade Controls posted an Industry Notice announcing additional time to transition to Commerce export authorizations.  

The time of the extension varies based on the type of authorization and whether the authorization covers items transitioning on different schedules.

Click here to view the table.

Even with these extensions, now is the time to ensure proper authorization is in place under the EAR for any export activities that continue to involve those transitioned items. Remember, the new transition deadline is not the date by which your applications to Commerce must be submitted, but rather the date on which you must have a Commerce authorization in place because your ITAR authorizations will cease to be valid as of the new transition deadline.

If you need to continue activities previously authorized under an ITAR license or agreement, and the use of STA is not excluded for the applicable ECCNs under which the items are now classified under the EAR, you may be able to use license exception STA. Other license exceptions may also be available. Be sure to check all conditions and criteria for use of a license exception, however, before relying on that for your export authorization. And, remember, that license exception STA has some additional criteria that must be met for exports of 600 series items.

If an EAR license exception is not available, you will need a license under the EAR to authorize your activities going forward for items that moved to the CCL (unless you are exporting 600 series items to Canada, for which no license is required). Keep in mind that all export authorizations under the EAR use the same form—Form BIS-748P. This form is submitted electronically using the SNAP-R license system. You will need a Company Identification number and a Personal Identification Number to submit license applications using the SNAP-R system.  

If your ITAR authorizations include items formerly in USML Category VIII, as well as items in other USML Categories for which the two year (now three year) export authorization transition period has not yet run, you may continue to export under those ITAR authorizations—for now. But those transition periods will also be expiring soon, so this is a good opportunity to determine whether an EAR license exception will apply to authorize your export activities going forward, or whether you should start preparing your BIS-748P now to avoid the rush when the export authorization transition period for other categories ends.

Be prepared for the transition. Submit your Commerce license applications early enough to receive the approval before the applicable transition deadline date