BIS Removing Nonproliferation Licensing Requirements for Some Exports
Exports, re-exports or in-country transfers of certain pressure tubes, pipes, fittings, pipe valves, machine tools, oscilloscopes and transient recorders will no longer require a license for nonproliferation (“NP”) reasons to ship to Iraq, Israel, Libya and Pakistan, the Bureau of Industry and Security said in a planned final rule (here). But other licensing requirements will remain in place. Specifically, pressure tubes, pipes, fittings and pipe valves controlled under Commerce Control List Export Control Classification Number (ECCN) 2A292; pumps controlled under ECCN 2A293; numerically controlled machine tools controlled under ECCN 2B290; and oscilloscopes and transient recorders controlled under ECCN 3A292 will no longer require a license for “NP” reasons to ship to those countries, indicated under “NP Column 2” on the Commerce Country Chart. BIS is issuing the final rule to better align U.S. nonproliferation controls with nuclear nonproliferation requirements of other Nuclear Suppliers Group countries, none of which require a nonproliferation-related license for those items, BIS said.
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The rule will remove the above-listed ECCNs, which will transfer to “EAR99” designations, BIS said. The finalized rule will also create four new ECCNs to maintain antiterrorism (“AT”) controls on certain affected commodities and related software and technology. BIS cautioned that all items controlled under the Export Administration Regulations might require a license for reasons other than nonproliferation. Software “specially designed” for the “development,” “production” or “use” of items controlled under ECCN 3A292 will remain classified and licensable by BIS under the “EAR99” designation through Jan. 31. On Feb. 1, the software will be classified and licensed by BIS under ECCN 3D991. Valves controlled under ECCN 2A292.b that meet or exceed the technical parameters of ECCN 2B350.g will be controlled under ECCN 2B350. These valves will still be licensable for “AT” or chemical/biological reasons. BIS is shifting all other items controlled under ECCN 2A292 to new ECCN 2A992, and all items controlled under ECCN 2A293 to new ECCN 2A993, for “AT” reasons, the agency said.
BIS is also transferring turning machines or combination turning/milling machines controlled under ECCN 2B290 that meet or exceed ECCN 2B991.d.1’s technical parameters to ECCN 2B991, which will remain subject to “AT” controls, and is switching all other 2B290 items to EAR99 controls. BIS is transitioning oscilloscopes and transient recorders controlled under ECCN 3A292 to new paragraphs “.d” through “.g” in ECCN 3A992, remaining subject to “AT” controls. The agency is also creating ECCN 2D993 for software for the development, production or use of items controlled under ECCN 2A292, except for certain valves, or under ECCN 2A293. The same type of software for valves controlled pre-rule under ECCN 2A292.b, to be controlled under ECCN 2B350.g, will be designated as EAR99. Technology for the use of equipment controlled under ECCN 2A292 or 2A293 will be controlled under new ECCN 2E993 only for “AT” reasons, the final rule says.
(Federal Register 11/25/16)