State, Commerce Correct Oct. 15 Final Rule on USML-CCL Transfers
The State Department (here) and the Commerce Department (here) issued concurrent corrections to a final rule that set in motion the transfer of U.S. Munitions List (USML) categories to the Commerce Control List (CCL) on Oct. 15. The rule revises USML categories VIII (aircraft and related articles), XVII (classified articles, technical data and defense services not otherwise enumerated), category XXI (articles, technical data and defense services not otherwise enumerated) (see 13091913). The final rule appeared in the Federal Register on April 16.
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The majority of the changes implemented in the correction clarify the regulation by making grammatical and punctuation changes, providing references and addressing errors and omissions. The correction also elaborates on the jurisdiction transfer timeline. The correction includes the following notable changes, in response to comments:
- State confirmed the transition timeline change from 45 days to 180 days
- Licenses for items moving from USML to CCL will be accepted by both the State Department’s Directorate of Defense Controls and Commerce Department’s Bureau of Industry and Security
- State will allow temporary import and export authorizations to last until expired or items are returned to point of origin
- Existing reexport/retransfer authorizations should be grandfathered without expiration and foreign parties who purchased transitioned items under authorizations that allowed perpetual foreign sales should not have to reauthorize those sales
- Previously issued commodity jurisdiction determinations that determine items are not subject to State will remain valid, enabling the preservation of EAR 99 item status
The correction rejected the following request, among others:
- State will not create a new context for dual jurisdiction/licensing because current projects routinely require both defense articles and commercial items for completion and the benefits derived from this final rule outweigh such concerns
(Federal Register 10/3/13)