The State Department has submitted a proposed rule to amend the U.S. Munitions List Category VII as part of the President's Export Control Reform effort.
The State Department has issued a proposed rule to revise USML Category VIII (aircraft and related items) to narrow the articles controlled on the USML, and to make this list of items more positive. At the same time, BIS issued a proposed rule to create five new 600 series ECCNs to control articles removed from Category VIII that would instead be controlled by the CCL. The State Department is also not proposing any tiering at this time, and is still developing its definition of "Specially Designed." BIS is also modifying its July 2011 proposed rule regarding the eligibility for License Exception STA, among other things.
On November 1, 2011, the Office of Foreign Assets Control has added one individual and removed another from its "Specially Designated Nationals" List. Mali Khan (aka Madi Khan) of Afghanistan [SDGT] has been added and Shamil Salmanovich Basayev of Russia [SDGT] has been removed. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them.
The State Department has issued a final rule, effective November 4, 2011, that amends the International Traffic in Arms Regulations (ITAR) to reflect modifications to the United Nations Security Council arms embargo of Libya adopted in September 2011.
The State Department has issued a final rule, effective November 4, 2011, that amends 22 CFR 123.22(c) of the International Traffic in Arms Regulations (ITAR) to no longer require the return of certain expired electronic DSP-5 licenses. State believes that this change will reduce the administrative burden on applicants.
The Department of Defense1 has issued a final rule, effective November 2, 2011, that amends the Federal Acquisition Regulation (FAR) to revise the definitions of “Caribbean Basin country” and “designated country” due to the October 2010 change in status of the islands that comprised the Netherlands Antilles.
The Department of Defense1 has issued an interim final rule, effective November 2, 2011, that amends the Federal Acquisition Regulation (FAR) to expand on the requirements of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) by adding a “representation” requirement.
The Department of Defense1 has adopted as final, with minor changes, a September 29, 2010 interim rule that amended the Federal Acquisition Regulation (FAR) to implement section 102 and to codify section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA2). The final rule is effective November 2, 2011.
The Bureau of Industry and Security has announced that the Materials Technical Advisory Committee will hold a partially open meeting on November 17, 2011. The agenda includes remarks from BIS senior management, a report on the Composite Working Group and other working groups, a discussion of proposed changes to Select Agent List and program, a report on regime-based activities, etc. The open session will be accessible via teleconference to 20 participants on a first come, first serve basis.
The DDTC is reminding interested parties that the Defense Trade Advisory Group will meet on November 9, 2011 in Washington, DC. Topics to be discussed are: the process to transfer articles from the USML to the CCL; definitions for "public domain" in the ITAR and "publicly available" in the EAR to determine if it is possible to develop a single term and definition that would be applicable to both regulations; and the "single form" proposed to replace all existing State, Treasury and Commerce license applications. Agenda topics will be posted on the Directorate of Defense Trade Controls’ website (www.pmddtc.state.gov) approximately 10 days prior to the meeting. Persons wishing to attend the meeting must notify the DTAG by close of business, November 4, 2011.