The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to align with changes to the Missile Technology Control Regime (MTCR) Annex agreed to by MTCR member countries in October 2015, BIS said (here). The final rule correlates six Export Control Classification Numbers, in part, to better align MT controls on the CCL with the MTCR annex, BIS said. It also "makes a change to MT licensing policy" to "specify that a license for MT controlled items should also authorize certain minimum 'software' and 'technology,'" and adds a paragraph that specifies which changes to a license are considered “non-material.”

While non-U.S. entities could stand to benefit the most from the Jan. 16 rollback of several “secondary” nuclear-related sanctions on Iran, the release action also provides for new limited flexibility for U.S. individuals and entities to get involved in dealings with the country, lawyers said during a webcast on March 9. The new Iran sanctions regulations allow for U.S. nationals and parent companies to more openly practice business facilitation, permitting them greater involvement in determinations about Iran-related dealings by non-U.S. subsidiaries, and more leeway to train, counsel, and advise on new and revised policies, Covington & Burling partner Kimberly Strosnider said during the call. “Typically, U.S. people can’t change policies and procedures to allow a party to engage in business with Iran,” she said. “This is an exception or a carve-out of that.” The new rules aren’t intended to promote day-to-day involvement by U.S. businesses or people in a non-U.S. subsidiary’s actions associated with Iran. “The subsidiary really has to still be independent of the U.S. parent and U.S. persons in its trade with Iran,” Strosnider said.

The Bureau of Industry and Security’s Transportation and Related Equipment Technical Advisory Committee (TAC) met in Washington on March 2, where TAC Chairman Ari Novis mentioned several export control provisions the group is working to clarify. The group directly advises the State and Commerce departments, for whom it recommends updates to the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), respectively. State and Commerce are coordinating transfers from the ITAR to CCL as part of the federal government’s ongoing Export Control Reform (ECR) efforts.

The Commerce Department will host mostly open meetings of the President’s Export Council Subcommittee on Export Administration (PECSEA) and the Regulations and Procedures Technical Advisory Committee (RPTAC) next month. In an open meeting, PECSEA will convene at 10 a.m. on March 16, where presenters will give updates on export control reform, data transmission and security, process improvements and trusted trader programs, and outreach efforts, BIS said (here). Participants will also discuss topics to be presented to Commerce Secretary Penny Pritzker for consideration. RPTAC will meet at 9 a.m. on March 23, when presenters will touch on working group reports, and updates on the Automated Export System, export enforcement, and regulations, among other topics, BIS said (here). After the open session, certain participants will discuss "matters determined to be exempt from the provisions relating to public meetings" in private.

The Small Business Administration approved 1,777 loans to exporters for $1.5 billion, $730 million of which derived from one of SBA’s “core loan” programs in fiscal 2015, Toni Corsini, regional manager of the Export Solutions Group in SBA’s Office of International Trade, told House lawmakers on Feb. 22, according to remarks submitted in advance of a hearing (here). Those core programs are the Export Express Program, the Export Working Capital Program, or an International Trade Loan. Export loan totals in both SBA’s “core” and non-core areas were records for the agency, even while overall U.S. exports dropped 4.8 percent, Corsini during the House Small Business Subcommittee on Agriculture, Energy, and Trade field hearing in New York. More hearing materials can be found (here).

The Bureau of Industry and Security has removed nine people, revised six entries, and has added eight people to its Entity List under the destination of the United Arab Emirates, BIS said (here). The rule will take effect Feb. 23. BIS announced the eliminations after the bureau and the interagency End-User Review Committee reviewed the removal requests of those subjects. Revisions included an update of a Federal Register citation for one Iran entry, as well as a modification of the destinations of Armenia, Greece, India, Pakistan, and the United Kingdom, to reflect removals from the Entity List. The Entity List identifies entities and other people "reasonably believed" to be involved in, or that "pose a significant risk of being or becoming involved in" activities contrary to U.S. national security or foreign policy, according to BIS.

The Export-Import Bank is inviting exporters and potential customers to complete an online “small business exporter survey,” which seeks input about the bank’s current content requirements to qualify exporters for financing, Ex-Im said (here). "The objective is to identify possible service improvements and better understand small business owners’ experiences working with Ex-Im Bank,” it said. Ex-Im is accepting completed surveys until March 23.

Commerce is proposing to amend the Export Administration Regulations as part of an initiative under Export Control Reform to transfer less sensitive United States Munitions List Category XII items — Fire Control, Laser, Imaging, Guidance and Control Equipment — to the Commerce Control List (CCL), BIS said (here). For certain dual-use infrared detection items, the proposed rule would provide more controls for certain software and technology, disqualify the use of some license exceptions, modify licensing policy, and broaden license requirements for specified transactions involving military end-users or foreign military goods, said BIS. Additionally, the rule would harmonize provisions within the Export Administration Regulations (EAR) by rewriting controls associated with certain quartz rate sensors and uncooled thermal imaging cameras, BIS said.

BIS issued a seven-year, three-month denial of export privileges for a Russian national who in December was convicted in U.S. District Court of conspiracy to export controlled firearm accessories to alleged accomplices in Russia without a license from the Commerce Department, BIS said (here). In addition to the denial of Viacheslav Zhukov’s export privileges, BIS Office of Exporter Services Director Karen Nies-Vogel is also revoking all licenses issued pursuant to “the Act or Regulations in which Zhukov had an interest at the time of his conviction,” the announcement says. Nies-Vogel’s determination also prohibits any person or firm from exporting or helping to export any item subject to Export Administration Regulations (EAR). Zhukov may appeal the order with the Under Secretary of Commerce for Industry and Security by March 20. The order is effective immediately and will remain in effect until March 5, 2022.

BIS announced several meetings of its Emerging Technology and Research (here), Materials Processing Equipment Technical (here), Materials Technical (here), and Transportation and Related Equipment (here) Technical Advisory Committees.