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Join Assistant Secretary (AS) for Export Administration Kevin Wolf by teleconference to discuss the Department of Commerce’s recently published proposed rule Control of Items the President Determines No Longer Warrant Control under the United States Munitions List (USML). In addition, A/S Wolf will be available to discuss questions regarding the use of License Exception Strategic Trade Authorization (STA), which was recently added to the Export Administration regulations in a final rule and represents another important step in the effort to reform the U.S. export control system.
Beginning Wednesday, July 27, 2011, A/S Wolf will be available on Wednesdays through September 7, 2011 from 2:00 pm – 3:00 pm EST to answer your questions related to Export Control Reform, particularly the two Commerce notices (see below). We will not answer your questions unless they are submitted in advance. Accordingly, the Commerce Department requests that persons provide written questions in advance.
Please send your questions to oesdseminar@bis.doc.gov, subject line: “Teleconference questions.”
To participate in these free conference calls, you may dial in at 888-455-4959, Participant Code: 6652660. Callers should dial in 10 minutes early. No reservations required.
Background:
On July 15, 2011, the Department of Commerce published a proposed rule that is the next significant step in the President’s Export Control Reform (ECR) Initiative – the creation of a framework for controlling militarily less significant defense articles, largely generic parts and components, on the Commerce Control List (CCL) rather than the United States Munitions List.
Specifically, this rule proposes a new regulatory construct for the transfer of items on the USML that, in accordance with section 38(f) of the Arms Export Control Act (AECA)(22 U.S.C. 2778(f)(1)), the President determines no longer warrant control under the AECA and that would be controlled under the Export Administration Regulations (EAR) once the congressional notification requirements of section 38(f) and corresponding amendments to the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) and its USML and the EAR and its CCL are completed. This rule also proposes the transfer of an initial tranche of items from USML Category VII (Tanks and Military Vehicles) to the CCL.
This rule also proposes amending the EAR to establish a process by which certain items moving from the USML to the CCL would be made eligible for License Exception Strategic Trade Authorization (STA), and proposes EAR amendments related to movement of USML items to the CCL, such as new definitions of relevant terms, including “specially designed,” “end items,” “parts,” and “components.” Finally, this notice proposes establishing a new holding Export Control Classification Number (ECCN) in which items that warrant a significant level of control, but are not otherwise classified on the CCL, may be temporarily placed.
The Commerce Department encourages persons to review the notice closely and to provide comments by the September 13 deadline. Details about the President’s Export Control Reform Initiative and this proposed rule are available at http://www/export.gov/ecr/.
In addition to answering questions related to the July 15, proposed rule, A/S Wolf will also be available to answer questions regarding the final rule published on June 16, 2011, Export Control Reform Initiative: Strategic Trade Authorization License Exception. Specifically, to answer questions the public may have regarding the use of this new license exception in the EAR.