The Bureau of Industry and Security has issued a final rule, effective December 9, 2011, which updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to replace citations to the President’s Notice of November 4, 2010, Continuation of Emergency Regarding Weapons of Mass Destruction (WMD), with citations to the President’s Notice of November 9, 2011 on the same subject. BIS explains that these Presidential notices are the one year extensions of the national emergency declared in Executive Order 12938 of November 14, 1994 with respect to the unusual and extraordinary threat to the national security, foreign policy and economy of the U.S. posed by the proliferation of nuclear, biological and chemical weapons and the means of delivering such weapons. BIS is making these changes to keep the CFR’s legal authority citations for the EAR current.
On November 29 and December 1, 2011, the Directorate of Defense Trade Controls announced the following entity name and/or address change(s) for new DDTC license applications (see each notice for specific instructions for currently approved, pending, and new DSP authorizations and agreements, etc.):
The Office of Foreign Assets Control has released a new online application called, "SDN Search." This application provides an online interface to search the SDN list across several criteria. The results are viewable on-screen, are printable, and can be saved as a spreadsheet.
The State Department has issued a proposed rule to create a new USML Category XIX for gas turbine engines and associated equipment that currently are covered in USML Categories VI, VII or VIlI. The intent of this proposed change is to make clear that gas turbine engines for surface vessels, vehicles, and aircraft that meet certain objective parameters warrant control on the USML, and to create a more positive list. At the same time, BIS has issued a companion proposed rule for military gas turbine engines and related articles that no longer warrant USML control. The State Department is also not proposing any tiering at this time, and is still developing its definition of "Specially Designed."
The State Department has issued a final rule, effective December 6, 2011, which amends the International Traffic in Arms Regulations (ITAR) to identify the Federal Reserve Wire Network (FedWire) as another method of electronic payment of registration fees, so as to provide a choice in and facilitate the submission of fees by registrants.
The State Department has issued a proposed rule to revise USML Category VII (military ground vehicles and related articles) to narrow the articles controlled on the USML, and to make this list of items more positive. At the same time, BIS is reproposing the creation of five new 600 series ECCNs to control articles removed from Category VII that would instead be controlled by the CCL. The State Department is also not proposing any tiering at this time, and is still developing its definition of "Specially Designed."
The State Department's Directorate of Defense Trade Controls has issued a notice to industry which states that DDTC is in the process of renewing DTRADE forms with the expiration date of November 30, 2011. The forms currently in use will remain valid until DDTC receive notification from OMB of the revised expiration date.
The Office of Management and Budget has approved a State Department proposed rule that would amend the International Trafficking in Arms regulations that cover a company's sales representative. The current requirement to notify DDTC of certain brokering activities would be changed to require prior written approval. In addition, a new form would be instituted to collect information to request approval for a specific activity involving defense articles, defense services, or related technical data. (Approved 11/30/11)
On December 1, 2011, the Commerce Department's Acting Deputy Secretary Rebecca Blank spoke to the Industry Trade Advisory Committees (ITAC) stating that its work has aided the private sector to export in record numbers. In September, U.S. exports of goods and services increased by 1.4 percent to a record $180.4 billion since August. Over the last twelve months, exports of goods and services totaled $2.05 trillion -- leaving the U.S. 15.6 percent above the level of exports for the same period in 2009-10. The President's National Export Initiative, which aims to double U.S. exports by the end of 2015, is now in its second full year.
On December 1, 2011, the Office of Foreign Assets Control issued General License (GL) No. 10, which unblocks all property and interests in property of Arab Turkish Bank and North African International Bank, subject to a requirement to report to OFAC on the release of any blocked funds, including cash, securities, bank accounts, and investment accounts.