On April 16, 2013, the U.S. Department of State and the Department of Commerce published concurrent Final Rules as part of the Export Control Reform initiative, transferring certain commodities from the U.S. Munitions List (USML) to the Commerce Control List (CCL). The notice is based on five proposed rules published between July 2011 and June 2012.
As stated in the Dept. of Commerce Federal Register notice, “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). In addition to adding this control structure, this rule creates ten new '600 series' Export Control Classification Numbers (ECCNs) to control an initial tranche of items moving from the USML to the CCL: aircraft and gas turbine engines, related parts, components, accessories, attachments, software, and technology.”
Additionally, the concurrent final rules:
- Adopt a common definition of "specially designed" which operates on a catch and release principle
- Address the transition and implementation process as goods are shifted from the USML to the CCL
- Create and amend several Export Administration Regulation (EAR) Country Groups
- Increase the default Bureau of Industry and Security (BIS) license validity period to 4 years, with some exceptions
Both rules will become effective on October 15, 2013.
The Final Ruling by the Department of State can be found online here. The Final Ruling by the Department of Commerce can be accessed here.
