BIS, State Issue Final Rule Transferring Toxicological Agents, Directed Energy Weapons From USML to CCL
The Bureau of Industry and Security (BIS) (here) and the State Department (here) are issuing a final Export Control Reform rule to transfer control of some items on U.S. Munitions List (USML) categories XIV (Toxicological Agents) and XVIII (Directed Energy Weapons) to the Commerce Control List (CCL). The rule will go into effect Dec. 31. The Obama administration now has four USML categories remaining to transfer control of certain goods to the CCL. Export Control Reform aims to move controls to CCL for items that can be used for non-military purposes and those items on the Wassenaar Arrangement list. As of early June, the State Department had seen a 57 percent reduction in licensing volumes across its 15 USML categories since ECR started (see 1606070048).
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The final rule will grant export license exceptions, including for shipments of chemical agent resistant coatings to Country Group A:5 individuals and locations, which include 36 countries, as well as for shipments of chemical or biological agent protective gear under the baggage (BAG) and temporary exports (TMP) license exception, for example. For Category XIV items, the transfers involve “dissemination, detection and protection 'equipment'” and related items. In the USML context, toxicology refers to chemical and biological and other agents, the final rule says. The Category XIV transfer will create Export Control Classification Numbers 1A607, 1B607, 1C607, 1D607 and 1E607, BIS said in the final rule.
For Category XVIII, the transfer will cover certain tooling, production, test and evaluation equipment, as well as test models and related items. The transfer would create three new ECCNs: 6B619, 6D619 and 6E619. The products eligible for transfer would include equipment used to repair or refurbish items on the USML.
(Federal Register 07/28/16)