Monthly Archives: June 2015

June 23, 2015

On the Move: DDTC and BIS Publish Proposed Rules to Move USML Categories XIV and XVIII Items to CCL – Impacting Companies Working with Toxicological Agents, Directed Energy Weapons, and Related Items

by Gwen Green

The biohazard icon. Biohazard symbol. FlatOn June 17, 2015, the U.S. Department of State, Directorate of Defense Trade Controls (“DDTC”) and the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) published proposed rules to transfer certain items from U.S. Munitions List (“USML”) Category XIV (toxicological agents, including chemical agents, biological agents, and associated equipment) and Category XVIII (directed energy weapons) to the less restrictive Commerce Control List (“CCL”). BIS and DDTC have stated the proposed revisions are intended to create a “bright line” regarding control of these items between the USML and CCL.  The proposed rules are only a small part of the President’s broader Export Control Reform (“ECR”) effort to streamline the U.S. export control system.

The DDTC proposed rule would amend the International Traffic in Arms Regulations (“ITAR”) to revise USML Categories XIV and XVIII to more precisely describe the items still warranting control on the USML. Items no longer controlled in the revised USML Categories would be transferred to new “600 Series” Export Control Classification Numbers (“ECCNs”) on the CCL. Affected Category XIV items consist primarily of dissemination, detection and protection “equipment” and related items. Affected Category XVIII items consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related items. The DDTC proposed revisions are part of the Department of State’s retrospective plan under Executive Order 13563 completed on August 17, 2011. Continue reading

June 15, 2015

U.S. Formally Removes Cuba from List of State Sponsors of Terrorism

by Gwen Green

Cuba_On May 29, 2015, the U.S. Department of State formally removed Cuba from the List of State Sponsors of Terrorism.  The United States originally added Cuba to the List of State Sponsors of Terrorism in 1982 “due to its efforts to promote armed revolution by organizations that used terrorism.”

As part of his December 17, 2014, announcement of historic policy changes related to Cuba, President Barak Obama directed the Department of State to review Cuba’s designation as a State Sponsor of Terrorism, and to prepare a report within six months regarding Cuba’s support for international terrorism.  At the conclusion of its review, the Department of State recommended that the United States rescind Cuba’s designation.

On April 14, 2015, President Obama submitted a report to Congress indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation,  including the certification that Cuba had not provided any support for international terrorism during the previous six-months; and that Cuba had provided assurances that it will not support acts of international terrorism in the future.

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June 3, 2015

Export Control Reform Marches On: DDTC and BIS Publish Proposed Rules to Harmonize Key Definitions in the ITAR and EAR

by Gwen Green

Internet Security SystemOn June 3, 2015, the U.S. Department of State, Directorate of Defense Trade Controls (“DDTC”) and the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) published proposed rules to amend the International Traffic in Arms Regulations (“ITAR”) and the Export Administration Regulations (“EAR”) to harmonize key definitions and terms between the two regulations. The proposed rules are a part of the continuing Export Control Reform (“ECR”) initiative to enhance U.S. national and economic security, facilitate compliance with export controls, and streamline the U.S. export control system.

Harmonization of Definitions Between ITAR and EAR

DDTC and BIS have identified a series of similar terms in the ITAR and the EAR that are defined differently and that warrant either harmonization or the creation of similar structures that would identify more unambiguously the differences in how similar concepts are treated under the two regulations.  DDTC proposes to therefore revise the ITAR’s definitions of the terms “defense article,” “defense services,” “technical data,” “public domain,” “export,” and “reexport or retransfer,” and create definitions for the terms “required,” “technical data that arises during, or results from, fundamental research,” “release,” “retransfer,” and “activities that are not exports, reexports, or retransfers.” Likewise, BIS proposes amendments to the EAR regarding the definitions of the terms “technology,” “required,” “peculiarly responsible,” “proscribed person,” “published,” results of “fundamental research,” “export,” “reexport,” “release,” “transfer,” and “transfer (in-country).”

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