Commerce, State Propose ECR Transfers for Toxicological Agents, Directed Energy Weapons
The Commerce (here) and State (here) departments issued a set of Export Control Reform proposals to transfer control of some items on U.S. Munitions List categories XIV (Toxicological Agents) and XVIII (Directed Energy Weapons) to the Commerce Control List. Stakeholders may submit comments on the transfers to either Commerce’s Bureau of Industry and Security or State’s Directorate of Defense Trade Controls, the two agencies responsible for export control, by Aug. 17.
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The proposals mean the Obama administration has now at least initiated the processes to transfer control for 17 of 21 USML categories. Many transfers are now fully implemented, and others are at various stages of the ruling-making process. ECR aims to move control to CCL for items that can be used for non-military purposes and those items on the Wassenaar Arrangement list. The Obama administration again emphasized the importance to move ahead with ECR in its Spring Unified Agenda (see 1505250002).
Those items proposed for transfer would be eligible for licenses exception, including Strategic Trade Authorization. For Category XIV items, the proposals would likely transfer “dissemination, detection and protection equipment” and related items. In the USML context, toxicology refers to chemical and biological and others agents, said the June 17 proposals. The Category XIV transfer would create five more Export Control Classification Numbers, BIS said in its proposal. Those new ECCNs would cover “riot control agents,” military test and inspection equipment, certain software and technology and other items.
For Category XVIII, the transfer would cover certain tooling, production, test and evaluation equipment, as well as test models and related items. The transfer would create three new ECCNs. The products eligible for transfer would include equipment used to repair or refurbish items on the USML, software and technology and other items.
Stakeholders can submit comments to BIS through publiccomments@bis.doc.gov (with “RINS 0694-AF52” in the subject line), www.regulations.gov (identification number BIS-2015-0023) or mail services. Those that want to submit comments to DDTC can do so through DDTCPublicComments@state.gov (with “ITAR Amendment – Categories XIV and XVIII” in the subject line) or www.regulations.gov (search with RIN 1400-ADO3).
(Federal Register 06/17/15)