On January 31, 2013, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), and the Department of State (DoS) issued proposed rules to amend the list of articles controlled under Category IV of the U.S. Munitions List (USML) and transition those no longer warranting such control to the Commerce Control List (CCL). Category IV covers launch vehicles, rockets,  torpedoes, bombs, and mines.

The DoS proposed rule is intended to "describe more precisely the articles warranting control on the USML" by replacing broad catchalls with a list of specific articles that warrant control, and by adding clarifying language regarding the shipment of defense articles between U.S. possessions.

The BIS proposed rule would also move military explosive excavating devices to the jurisdiction of the Department of Commerce, under Export Control Classification Number (ECCN) 0A604.c.

As noted in the BIS notice, "This is one of a planned series of proposed rules describing how various types of articles that the President determines, as part of the Administration’s Export Control Reform Initiative, no longer warrant control on the USML, under the International Traffic in Arms Regulations (ITAR), would be controlled on the CCL in accordance with the requirements of the Export Administration Regulations (EAR)"

Comments on both proposed rules must be submitted by March 18, 2013.

The full text of the Department of State Federal Register notice can be accessed online here.

The full text of the Department of Commerce Federal Register notice is available here.