Export Control Reform (ECR)

 

Upcoming Weekly Teleconferences and Webinars

 

 

Assistant Secretary for Export Administration Kevin Wolf conducts a teleconference updating the public on the Export Control Reform Initiative each Wednesday at 2:30 p.m. Eastern Time.

To access the teleconference dial 1-888-455-8218 and then dial the participant code: 6514196. To access the teleconference from outside of the United States, use the international call-in number (this is a toll call at your international call rate): 1-212-547-0330, and then dial the participant code: 6514196. You can submit a question about any aspect of the Export Control Reform Initiative including any BIS proposed rule that is open for comment.  The address is This email address is being protected from spambots. You need JavaScript enabled to view it..

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Special topic ECR weekly teleconference on information security updates in the Wassenaar Arrangement 2015 Plenary Agreements implementation final rule

On Wednesday, September 21, in place of the regular ECR weekly teleconference, BIS held a special topic weekly teleconference (same time and call in number and passcode as the regular weekly call).  

On September 20, BIS published the final rule, Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates (WA15), as well as a companion Entity List rule.  The WA15 final rule included some changes to the encryption provisions of the EAR.  The changes include some minor scope changes along with some reductions and streamlining of the regulatory requirements.  Aaron Amundson, Senior Export Policy Analyst and Anita Zinzuvadia, Senior Engineer, from BIS provided an overview of the changes made to license exception ENC, the mass market provisions, license exception TMP and TSU, as well as the related Entity List revisions included in the September 20 final rules.  

Click here to see a version of the final WA15 rule at the Federal Register

Click here to see a version of the final Entity List rule at the Federal Register

Click here to see a BIS summary of the information security changes in the final WA15 rule

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Webinar – Definitions rule

The Bureau of Industry and Security on Wednesday, June 29 at 2:30 p.m. Eastern Time offered a ninety-minute session on the recently published Commerce Definitions rule.  Kevin Wolf, Assistant Secretary of Commerce for Export Administration, and Robert Rarog, Senior Advisor to the Assistant Secretary for Export Administration provided an overview of the Commerce final rule, Revisions to Definitions in the Export Administration Regulations (EAR).  

The Department of Commerce published in the Federal Register on June 3 the final rule to make revisions to the EAR to include certain definitions to enhance clarity and consistency with terms also found in the International Traffic in Arms Regulations (ITAR), which is administered by DDTC, or that DDTC expects to publish in proposed rules.  Commerce’s final rule also revises the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software, including by way of cloud computing.  DDTC is concurrently publishing comparable amendments to certain ITAR definitions for the same reasons.  

An additional document, which addresses frequently asked questions (FAQs), is available on the BIS website and referenced below.

You may view the Federal Register notice at:  
www.federalregister.gov   

The Bureau of Industry and Security proposed rule is available at:

http://www.bis.doc.gov/index.php/forms-documents/doc_download/1465-81-fr-35568


The Department of State/Directorate of Defense Trade Controls rule is at:

http://www.bis.doc.gov/index.php/forms-documents/doc_download/1467-060316-state-definitions-rule

The BIS website also includes a link to Frequently Asked Questions, which should be useful as you review the Commerce final rule and are available at:  

http://www.bis.doc.gov/index.php/forms-documents/doc_download/1466-060316-definitions-faqs

A transcript and video of the session will be posted here once the materials are prepared.

 

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Webinar – License Exceptions

The Bureau of Industry and Security on Wednesday, May 18 at 2:30 p.m. Eastern Time provided a ninety-minute session that included a presentation on License Exceptions in the Export Administration Regulations.  BIS's experts discussed use of these authorizations, including License Exception Strategic Trade Authorization (STA).  Participants were able to submit questions for answer by the BIS presenters during the session.    
A video of the session will be posted here once the materials are prepared.


For a transcript of the session, "CLICK HERE".

For a recording of the webinar "CLICK HERE".

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Webinar – “Specially Designed”

The Bureau of Industry and Security offered a webinar on Wednesday, April 27 at 2:30 p.m. Eastern Time on the definition of “specially designed and its application in different contexts.  Kevin Wolf, Assistant Secretary of Commerce for Export Administration, and subject matter experts from the State Department’s Directorate of Defense Trade Controls and the Department of Defense’s Defense Trade Security Administration discussed the framework of the definition, including the ‘catch’ and ‘release’ construct, provided an overview of the application of “specially designed” in different contexts, and highlighted key things learned by BIS and industry from applying “specially designed” since the revised definition became effective on October 15, 2013.  Participants were able to submit questions for answers by the presenters during the session.  

A transcript and video of the session will be posted here once the materials are prepared.

 

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Webinar – Sanctions Update Cuba/Iran/Russia

The Bureau of Industry and Security offered a webinar on Wednesday, March 30 at 2:30 p.m. Eastern Time with an update on sanctions, focusing on the measures impacting U.S. exports to Cuba, Iran and Russia. During this ninety-minute session, BIS's experts were joined by representatives from the Department of the Treasury's Office of Foreign Assets Control to discuss the latest developments in each of these sanctions regimes. Participants were able to submit questions for answer by the BIS and OFAC presenters during the session.

For a recording of this webinar, CLICK HERE


For a transcript of this webinar, CLICK HERE.

 

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Webinar – Introduction to Encryption Export Controls

On Wednesday, February 17, 2016 at 2:30 p.m. Eastern Time, BIS offered a 90-minute webinar on the encryption provisions of the Export Administration Regulations.  This overview covered encryption items controlled in Category 5, Part 2 of the Commerce Control List, various exclusions from control, encryption mass market provisions (section 742.15), License Exception ENC (section 740.17), licensing policy, and special provisions related to publicly available encryption software.  

For a recording of this webinar, CLICK HERE.
For a transcript of this webinar, CLICK HERE.

Handouts used with this webinar are linked below:

License Exception ENC Chart
Mass market Chart

Single country ELA standard conditions

Worldwide ELA CUESS condition

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On Thursday, December 17, 2015 at 9:00 a.m. Eastern Time, in addition to the weekly Export Control Reform teleconference, BIS offered a special one and a half hour webinar.  Export Administration officials provided an overview of the Export Administration Regulations involving de minimis, the direct product rule, and second incorporation.  Topics included the new decision tree tool available for direct product and de minimis rules to help you determine if your non-U.S.-made item (located outside the U.S.) is subject to the Export Administration Regulations.  Scenarios involved both “600 series” and non- 600 series items.  Participants were able to submit questions by email during the webinar, and BIS officials responded orally at the end of the presentation.

For a recording and transcript of this webinar, and supporting materials, CLICK HERE.

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December 16, 2014, Kevin Wolf Discussion at ABA Brown Bag Lunch about Export Control Reform and the Definition of "Specially Designed"

Assistant Secretary for Export Administration Kevin Wolf participated on December 16, 2014 in an American Bar Association (ABA) brown bag lunch discussion that dealt with Export Control Reform and the definition of "specially designed." The ABA has posted a free audio recording of the event. You may access the audio discussion by selecting the link below. 

Click here.

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On August 14, 2013 instead of the weekly teleconference, BIS held a webinar on Export Control Reform – License Exceptions at 2:30p.m. Eastern Time. Changes in many of the Export Administration Regulations license exceptions, which will be effective October 15, will facilitate the realignments being made in the Commerce Control List and the International Traffic in Arms Regulations of the Department of State. This webinar discussed implementation of these changes. The webinar included a detailed overview of license exceptions that are available for the "600 series" and explained the steps needed to determine whether these licenses exceptions may be used for a particular export, reexport or transfer (in-country) of a "600 series" item

For webinar click here.
Transcript .pdf click here

On June 5, BIS held another Weekly Teleconference on the Export Control Reform Initiative. In addition to answering public questions about Export Control Reform and proposed rules that are open for public comment or that have been published in final form, BIS also used part of the June 5 teleconference to provide a Space Export Controls Update. Click here to access the Space Export Controls Update presentation that BIS used.

On June 19, BIS held another Weekly Teleconference on the Export Control Reform Initiative.  In addition to answering public questions about Export Control Reform and proposed rules that are open for public comment or that have been published in final form, BIS also used part of the June 19 teleconference to provide information on registering in the BIS electronic application system, SNAP-R and discuss how the EAR license application process compares to the ITAR license application process.  click here to access the presentation that BIS used.

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Webinar on Reexport Topics for Foreign Exports of US Origin Items in accordance with the Initial Implementation of Export Control Reform Rule

On May 29, instead of the weekly teleconference that takes place on Wednesdays at 2:30 p.m. Eastern Time, BIS offered a special one and a half hour webinar. Assistant Secretary for Export Administration Kevin Wolf provided an overview of the issues faced by reexporters of U.S.-origin items. Topics included new provisions with respect to de minimis and the foreign direct product rule under the Export Administration Regulations, which will become effective October 15, 2013 in accordance with the Initial Implementation of Export Control Reform final rule.

For webinar click here

Transcript .pdf click here

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Export Control Reform Initial Implementation Rule – Webinars

May 1, 2013 Anticipated Automated Export System (AES) Changes Related to the Export Control Reform Initial Implementation Rule

Gerry Horner, Director of BIS's Office of Technology Evaluation, describes changes being made to the Automated Export System as a result of the Initial Implementation Rule for Export Control Reform. The material will be of particular interest to exporters who will be shipping items subject to the Export Administration Regulations (EAR). Mr. Horner discusses the EAR, parts 758.1 and 758.2 regarding changes to BIS's AES filing and post-departure filing requirements and what specific AES changes may impact software providers and companies with in-house programs that interface with AES.

Click Here

Transcript (PDF)

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May 15, 2013 "Specially Designed" in the Initial Implementation of Export Control Rule

Timothy Mooney of the Regulatory Policy Division discusses the new definition of the term "specially designed", and demonstrates the new web-based tool for determining if an item will be "specially designed" under the Export Administration Regulations.

Click Here

Transcript (PDF)

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 April 17 webinar by Assistant Secretary Wolf

To access the webinar on the "Export Control Reform Initiative- Implementation and Specially Designed" that was broadcast on April 17 by Assistant Secretary Wolf you can either:

  1. Save it. To do so please click on here. Select the option to "save".
  2. Download it by using the following information:
    Visit mymeetings.com
    User Name: PW9710678
    Password: LEADER

 Please click here for the transcript of the webinar

 

 

 

 

On Thursday, December 17, 2015 at 9:00 a.m. Eastern Time, in addition to the weekly Export Control Reform teleconference, BIS offered a special one and a half hour webinar.  Export Administration officials provided an overview of the Export Administration Regulations involving de minimis, the direct product rule, and second incorporation.  Topics included the new decision tree tool available for direct product and de minimis rules to help you determine if your non-U.S.-made item (located outside the U.S.) is subject to the Export Administration Regulations.  Scenarios involved both “600 series” and non- 600 series items.  Participants were able to submit questions by email during the webinar, and BIS officials responded orally at the end of the presentation

For a recording and transcript of this webinar, and supporting materials, CLICK HERE [insert link to new landing page].