Export Control Reform (ECR)

 

 

Upcoming Weekly Teleconferences and Webinars

 


 

Export Control Reform Teleconference May 20 – Intrusion and Surveillance Items Proposed Rule (Cyber Rule) for Implementation of the Wassenaar Arrangement 2013 Plenary Agreements

The Department of Commerce is publishing in the Federal Register a proposed rule to revise the Export Administration Regulations (EAR) to implement the Wassenaar Arrangement 2013 Plenary Agreements on intrusion and surveillance items (the Cyber Rule). On May 20, BIS officials will provide an overview of the Commerce proposed rule in a special ECR teleconference at 2:30 p.m. Eastern Time. If you have questions on the Commerce proposed rule, you may send them to

This email address is being protected from spambots. You need JavaScript enabled to view it. and the BIS staff will address your questions to assist you as you review the proposed rule and draft your comments on the proposed rule.

To hear the teleconference, please call 1-888-455-8218 and use passcode 6514196. If you are calling in from overseas the number is 1-212-547-0330.

You may view the Federal Register notice at:

www.federalregister.gov .

The Bureau of Industry and Security proposed rule is available May 19 for Public Inspection at:

https://www.federalregister.gov/articles/2015/05/20/2015-11642/wassenaar-arrangement-plenary-agreements-implementation-intrusion-and-surveillance-items .

 

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)

The Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; software specially designed or modified for the development or production of such systems, equipment or components; software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; Internet Protocol (IP) network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. BIS proposes a license requirement for the export, reexport, or transfer (in-country) of these cybersecurity items to all destinations, except Canada. Although these cybersecurity capabilities were not previously designated for export control, many of these items have been controlled for their "information security" functionality, including encryption and cryptanalysis. This rule thus continues applicable Encryption Items (EI) registration and review requirements, while setting forth proposed license review policies and special submission requirements to address the new cybersecurity controls, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items. BIS also proposes to add the definition of "intrusion software" to the definition section of the EAR pursuant to the WA 2013 agreements. The comments are due Monday, July 20, 2015.

  


 

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 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. .

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