Military Electronic USML Items Formally Switch to Commerce Control
The Commerce and State departments transfers of dual-use items from U.S. Munitions List (USML) Category XI (Military Electronics) to the Commerce Control List (CCL) took effect on Dec. 30. As part of the broad Export Control Reform, Obama administration officials are identifying and shifting controls to Commerce for a wide range of USML items.
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State oversees the USML in line with the International Traffic in Arms Regulations, whereas Commerce oversees the CCL in line with the Export Administration Regulations. The changes do not impact USML defense article imports that are permanently regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, State said in its June final rule on Category XI (see 14070104).
ECR is helping to facilitate more trade because of the CCL has less restrictions, said Wiley Rein lawyer Lori Scheetz. “The ITAR’s revised Category XI – Military Electronics now applies to a narrower, positive list of electronics, such as specific underwater hardware and radar systems,” said Scheetz on the American Trade and Manufacturing Blog (here). “Revised Category XI is intended to control only those articles that are inherently military in nature or that provide a critical military or intelligence advantage to the United States and that are almost exclusively available from the United States.” Other items "now fall under new Export Control Classification Number (ECCN) 3×611" in the Export Administration Regulations, she said. "This is a broadly crafted ECCN that controls electronic parts and components, computers, telecommunications equipment, radar, and acoustic sensors.”