Export Control Reform

Export Control Reform in 2013

United States views on international law [1] in relation to Export Control Reform: On April 16, 2013, the Department of State announced that the U.S. Government had issued the first in a series of new rules regarding the export of munitions and commercial items with military applications. See State Department media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/04/207597.htm. The first set of new rules define items regulated for export under the U.S. Munitions List's Category VIII—Aircraft and Associated Equipment, and Category XIX—Gas Turbine Engines. The Federal Regiser Notice of the final rule, “Amendment to the International Traffic in Arms Regulations: Initial Implementation of Export Control Reform,” was published on April 16, 2013 with an effective date of October 15, 2013. 78 Fed. Reg. 22,740 (Apr. 16, 2013). In total, 19 categories of the U.S. Munitions List will be revised under Export Control Reform. The April 16 media note explains further:

Based on a multi-year series of technical and policy reviews by representatives of the Departments of State, Defense, Commerce, and other agencies, these reforms will move less sensitive items, such as parts and components, from the State Department's U.S. Munitions List to the Commerce Control List. The revised control lists have been developed in close consultation with the private sector and Congress. Each revised category will become effective 180 days after it is published in the Federal Register to allow companies and their customers time to adapt their internal business practices to the new controls. Work on the remaining categories is ongoing and they will similarly be notified to Congress and published over the coming months.

Some Aspects of Export Control Reform

On July 10, 2013, the State Department announced the issuance of the second set of new final rules redefining how the United States protects sensitive technology. See July 10, 2013 State Department media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/07/211747.htm. The second set of rules relate to four categories on the U.S. Munitions List administered by the State Department: Category VI—Vessels of War and Special Naval Equipment; Category VII—Ground Vehicles; Category XIII—Materials and Miscellaneous Articles; and Category XX—Submersible Vessels and Related Articles; and those lesser sensitive items previously controlled in these categories that are moved to the Commerce Control List.

Developments

On July 24, 2013, Beth M. McCormick, Deputy Assistant U.S. Secretary of State for the Bureau of Political-Military Affairs provided an update on the Export Control Reform process at a conference held by the U.S. Department of Commerce, Bureau of Industry and Security. Her remarks are available at (Secretary of State website) state.gov/t/pm/rls/rm/2013/212545.htm.

Details

The Department of Commerce issued a final rule, effective October 15, 2013, revising the Export Administration Regulations (“EAR”) to make the Commerce Control List (“CCL”) clearer as part of President Obama's overall export control reform initiative. 78 Fed. Reg. 61,874 (Oct. 4, 2013)

Resources

Notes

1. Export Control Reform in the Digest of United States Practice in International Law