Department of State and BIS Propose Rules to Align Destination Control Statement in EAR and ITAR

Posted by Julia Gogoll on 5/26/15 4:29 PM

In two Federal Register Notices published on May 22, 2015, the Department of State and the Bureau of Industry and Security (BIS) proposed rules to align the destination control statement in the Export Administration Regulations (EAR) with the destination control statement in International Traffic in Arms Regulations (ITAR). Under the proposed rule, §758.6 of the EAR would be amended to match the wording of §123.9(b)(1) of the ITAR.
 
With the implementation of the Export Control Reform (ECR), under which thousands of dual-use items were transferred from the ITAR to the EAR, the number of shipments containing both EAR and ITAR goods has increased tremendously. Since both regulations require a destination control statement for subject shipments, “This has caused confusion to exporters as to which statement to include on such mixed shipments, or whether to include both. Harmonizing these statements is intended to ease the regulatory burden on exporters.”
 
The proposed rules support the ECR effort to create a single export control list, as opposed to maintaining the separate Commerce Control and U.S. Munitions Lists.  
 
The Department of State Federal Register notice can be accessed here

The BIS Federal Register notice can be accessed here

 

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