Final Rules Published for Initial Export Control Reform

The time has come. As promised, the Departments of Commerce and State have just published the final rules that will guide the initial implementation of the Obama Administration’s Export Control Reform. Since there is a six month waiting period, these rules will be effective on October 15th, 2013. See full text of DOC/BIS announcement below. DOS/DDTC made a very similar announcement a few minutes later.

Full Text of DOC/BIS Release: “As part of the Export Control Reform (ECR) Initiative, the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC), Department of State, have published multiple proposed amendments to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively, to strengthen national security by fundamentally reforming the export control system. This final rule implements the initial ECR changes by adding a structure and related provisions to control munitions items that the President has determined no longer warrant export control on the U.S. Munitions List (USML) on the Commerce Control List (CCL), specifically aircraft, gas turbine engines, and related items. “Today’s publication of implementation rules is the result of extraordinary interagency cooperation to realize the President’s vision of export control reforms that enhances national security by focusing our resources on the threats that matter most,” said Under Secretary of Commerce Eric L. Hirschhorn. This rule is being published in conjunction with a Department of State rule that revises the USML so that upon the effective date of both rules, the USML and CCL and corresponding regulatory structures will be complementary. Both rules become effective October 15, 2013.

Find links to both DDTC and BIS Final Rules using this link: http://beta-www.bis.doc.gov/index.php/about-bis/newsroom/export-control-reform-news