BIS, State Turn to Export Control Harmonization in Plans for 2016 Rulemaking
The Bureau of Industry and Security (here) and State Department (here) revealed their respective plans to clarify and harmonize export control regulations, in their sections of the Fall 2015 Unified Agenda. BIS now plans to issue a proposed rule in February based on comments it received on harmonizing the BIS Export Administration Regulations with the State Department’s International Traffic in Arms Regulations (see 1505210043). BIS also said it intends to finalize proposals to harmonize EAR definitions with the ITAR in December, though the State Department’s schedule doesn’t show its concurrent rule being issued until May (see 1506020016). BIS said changes to harmonize EAR destination control statements with the ITAR are set for February (see 1505210063).
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BIS final rules expanding the scope of the maritime nuclear propulsion prohibition and amending encryption export controls are due in March and June, respectively. “Refinements” to sanctions on Russia are set to come in a final rule in March. A State Department final rule clarifying rules on exports and temporary imports made to or on behalf of U.S. government agencies is due in December. Meanwhile, work to finalize moves from State’s U.S. Munitions List to the BIS Commerce Control List also continues, with final rules scheduled for controls on spacecraft systems in March, and military protection and detection equipment due in May. The State Department says a final rule to move fire control systems to the EAR is due in December, but the BIS agenda shows rule only as a second proposal.