BIS Still Taking Comments on USML Cat XII, Discusses CJs for Certain Cameras
The Bureau of Industry and Security's' Sensors and Instrumentation Technical Advisory Committee held a partially open meeting on May 3, 2011 where an official stated that BIS is still taking comments and working on draft revisions to Category XII of the U.S. Munitions List, and has determined that certain shortwave cameras are under the Commerce Department's jurisdiction.
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BIS Still Taking Comments on Describing Items in USML Category XII
A BIS official noted that although the comment period for the State Department's December 2010 advanced notice of proposed rulemaking to make the Commerce USML positive and tiered has closed, State and BIS are working on a draft of USML Category XII (Optical and Guidance and Control Equipment, etc.) and are still taking suggestions on how to describe categories pertaining to night vision goggles and on how to line up and eventually merge the USML and Commerce Control List (CCL). BIS states this is a good opportunity for companies to find out how export controls are being rewritten for certain products and to push forward those changes that would benefit their products.
Certain Short Wave Cameras Determined to be Under Commerce Jurisdiction
The official stated that BIS has had some progress with determining export controls for short wave cameras with microbolometer focal arrays used for inspection systems. These cameras have a lot of limitations imposed on them because of their many possible applications. BIS states it hadn't had a lot of success determining the jurisdiction for these cameras but states that because companies went through the CJ process, BIS was able to determine that these short wave camera systems should be under Commerce jurisdiction (or under the CCL).
Companies Should Continually Let BIS Know Their Products Are Commercial
The main ways BIS can determine whether a product is commercial or not is to examine BIS license applications, the volume of product on license applications, CJs, or by companies' written comments on revisions to USML category XII asserting that their product is not subject to the ITAR. Officials advised companies to continually to bring their products and CJs to the government's attention.
Foreign Availability Based on Current and Potential Manufacturing Capability
One meeting attendee stated that in a foreign availability analysis, not only are products that are currently available in foreign markets analyzed, but the capability, or potential, for companies to manufacture controlled products is also analyzed. Having a foreign availability analysis performed will help with the process of determining what level of control an item will have.
(See ITT's Online Archives or 12/09/10 and 12/10/10news, 10120921 and 10121021, for BP summaries of BIS' and the State Department's December 2010 ANPRs.
See ITT's Online Archives or 10/28/10 news, 10102815, for BP summary of three Defense Trade Advisory Group (DTAG) reports on positive lists for USML categories VIII, XI, and XII.)