On January 2, 2014, the Department of State and Department of Commerce published the third set of final rules implementing the next significant changes in the ongoing Export Control Reform (ECR) initiative. Similar to the previous final rules, these rules primarily involve the transition of items from the International Traffic in Arms Regulations (ITAR), United States Munitions List (USML), and the Export Administration Regulations (EAR) Commerce Control List (CCL).
The final rules, which become effective on July 1, 2014, amend the following five United States Munitions List (USML) categories:
- IV (Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines)
- V (Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents)
- IX (Military Training Equipment)
- X (Personal Protective Equipment)
- XVI (Nuclear Weapons-Related Articles)
Category IV has been revised to more clearly reflect the items remaining in that category. For example, IV(a) previously listed “Rockets, bombs, grenades, torpedoes, depth charges, land and naval mines…launchers for such defense articles, and demolition blocks and blasting caps.” In addition to the removal of demolition blocks and blasting caps, IV(a) now also includes 12 sub-paragraphs defining the items controlled. For example, IV(a)(1) lists “Rockets, SLVs (space launch vehicles), and missiles capable of delivering at least a 500-kg payload to a range of at least 300km.” Military explosive excavating devices, formerly controlled under IV(e), have been transferred to the CCL under ECCN 0A604.b. Ablative materials, formerly controlled under IV(f), have been moved to USML Category XII(d). Finally, paragraph IV(h), which previously functioned as a “catch all” category, has been revised to include 29 sub-paragraphs enumerating the articles controlled therein, such as certain flight control and guidance systems, seeker systems, and kinetic kill vehicles.
Significant changes to USML Category V include the specific listing of materials warranting ITAR controls that were caught by former “catch all” categories. For example, materials now specifically listed include tetrazines, TEPB, and TEX. Other materials previously caught by the “catch all” paragraph that no longer warrant ITAR controls, such as spherical aluminum powder and hydrazine, have been moved to the CCL.
USML Category IX has been revised, as well as retitled as “Military Training Equipment.” IX(a) has been revised to read “Training equipment, as follows,” and given 11 sub-paragraphs specifically enumerating controlled items. For example, IX(a)(1) now lists “Ground, surface, submersible, space, or towed airborne targets…” Tooling and production equipment, formerly controlled under IX(c), has been transferred to the CCL under ECCN 0B614. IX(d), the former “catch all” paragraph, has been revised such that all generic parts, components, accessories, and attachments specially designed or modified for articles in Category IX will be subject to the 600 series of ECCNs in Category ) of the CCL.
Category X also contains significant changes. Shelters formerly controlled under X(b) have been transferred to the CCL under ECCN 1A613. Type III body armor is now controlled on the CCL under ECCN 1A613. Anti-gravity suits, pressure suits, and atmospheric diving suits are now subject to the EAR, as well as equipment for the production of Category X articles, which is now controlled on the CCL under ECCN 1B613. Category X(d), a former “catch all” paragraph, has been given four sub-paragraphs identifying specific items and components controlled by paragraph (d). Similar to IX(d), Category X(d) will no longer control generic, non-specific parts, components, accessories, or attachments specially designed or modified for defense articles in this category. Instead, these items are subject to the EAR under the new 600 series ECCNs in CCL Category 1.
Finally, USML Category XVI has been revised to remove the majority of the articles previously enumerated in that category; those items are subject to the Department of Energy or the Nuclear Regulatory Commission. However, Category XVI will continue to control relevant modeling or simulation tools. Nuclear radiation detection and measurement devices, formerly controlled under XVI(c), have been transferred to the CCL under ECCNs 1A004.c.2 or 2A291.e.