BIS, State Issue Final Rules Aligning EAR, ITAR Definitions

The Bureau of Industry and Security (here) and State Department (here) are issuing final rules that will update definitions in the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), respectively, to enhance clarity and consistency of terms between both export regimes. BIS' rule will revise the scope provisions of the EAR to modernize and clarify controls on electronic technology and software, while State's rule will create new ITAR sections detailing the scope of licenses and unauthorized releases of controlled information, and will revise ITAR's section on exports of technical data to overseas U.S. persons, the agencies said. State's rule will also consolidate provisions on treatment of foreign dual and third country nationals with one exemption. In its rule, BIS is adding definitions for "access information," "technology," "required," "foreign person," "proscribed person," "published," results of "fundamental research," "export," "reexport," "release," "transfer," and "transfer (in-country)," BIS said. State's rule will update definitions for "export," and "reexport or retransfer," and add new definitions for "release" and "retransfer," State said. Part of the Obama administration’s Export Control Reform (ECR), the rules will take effect Sept. 1.