Weekly Wednesday Export Control Reform Teleconference

Each Wednesday, beginning December 14, 2011, Assistant Secretary Kevin Wolf will hold weekly teleconferences at 2:00 pm (Eastern Time) to answer questions about the Department of Commerce’s proposed rules pertaining to the Administration’s Export Control Reform (ECR) Initiative. These calls are intended to foster public understanding of the initiative and to assist interested parties to prepare more informed comments.

The calls and will cover all ECR proposed rules that are open for public comment on the day the call takes place.

Assistant Secretary Wolf will respond to questions submitted in advance of each week’s call. Questions to be should be sent to oesdseminar@bis.doc.gov with a subject line of “Teleconference questions.”

The dial-in number for the conference calls will be 1-888-455-8218, Participant Code: 6514196. Callers should dial in 10 minutes early. No reservations required.

ECR Rules Open for Public Comment as of December 6, 2011

Control of Aircraft and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML) (76 FR 68675). This proposed rule describes how articles the President determines no longer warrant control under Category VIII (aircraft and related items) of the USML would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 9A610, 9B610, 9C610, 9D610, and 9E610. In addition, this proposed rule would control military aircraft and related items now controlled under ECCNs 9A018, 9D018 and 9E018 under new ECCNs 9A610, 9D610 and 9E610. This proposed rule also addresses license exception availability for items controlled by the five new ECCNs that would be created.

This proposed rule also would modify the Bureau of Industry Security’s (BIS) July 15, 2011 proposed rule; by adding provisions relating to License Exception Strategic Trade Authorization (STA) eligibility to clarify that its scope extends to the United States Government, to any person in the United States, and to the “development” or “production” of items; and by including a general policy of denial for 600 series items for destinations that are subject to a United States arms embargo under the regional stability reasons for control. Comments on this proposed rule must be submitted by December 22, 2011.

Control of Gas Turbine Engines and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML) (76 FR 76072). This proposed rule describes how military gas turbine engines and related articles that the President determines no longer warrant control under Category VI, VII, or VIII of the USML would be controlled under the CCL in new ECCNs 9A619, 9B619, 9C619, 9D619 and 9E619. In addition, this proposed rule would control military trainer aircraft turbo prop engines and related items, which are currently controlled under ECCN 9A018.a.2 or .a.3, 9D018 or 9E018, under new ECCN 9A619, 9D619 or 9E619. Comments on this proposed rule must be received by January 20, 2012.

Control of Military Vehicles and Related Items that the President Determines No Longer Warrant Control on the United States Munitions List (76 FR 76085). This proposed rule would re-propose, with certain changes, five new ECCNs on the CCL that were proposed in a proposed rule published on July 15, 2011 (76 FR 41958). The revised ECCNs in this proposed rule are the result of continued deliberations of the Bureau of Industry and Security, the Department of Defense and the Department of State and recommendations of commenters on the July 15 proposed rule. Comments on this proposed rule must be received by January 20, 2012.

The Department of State, Directorate of Defense Trade Controls has published related proposed rules with comment periods that close on the same days as the corresponding Commerce rules. Those rules are USML Category VII – Vehicles - (64 FR 76100), USML Category VIII – Aircraft - (76 FR 68694) and USML Category XIX – Gas Turbine Engines - (76 FR 76097).

The Commerce Department encourages persons to review the notices closely and to provide comments by the deadlines indicated in each of the proposed rules. Details about the President’s Export Control Reform Initiative and this proposed rule are available at http://www.export.gov/ecr/.