United States: Export Controls Reform - Category VIII Transfer

On November 7, 2011, the US Department of Commerce, Bureau of Industry and Security ("BIS") and the US Department of State, Directorate of Defense Trade Controls ("DDTC") published parallel proposed rules aimed at transferring some current United States Munitions List ("USML") Category VIII articles to a new Commerce Control List ("CCL") classification. The proposed rules are part of the Administration's ongoing Export Control Reform Initiative, and are the second of a planned series aimed at transferring articles from the USML to the CCL. 

The first proposed transfer of USML items to the CCL covered Category VII (military vehicles and related articles), and was published in a July 15, 2011 proposed rule. Both BIS and DDTC are accepting comments on the proposed rules until December 22, 2011.

The proposed BIS rule describes the transfer of items determined to no longer warrant control under Category VIII of the USML to the CCL. Category VIII articles that will remain on the USML are those which (1) are inherently military and otherwise warrant control on the USML, and/or (2) are of a type common to civil aircraft applications and possess attributes that provide a critical military or intelligence advantage and are available almost exclusively to the US. Category VIII articles that would be transferred to the CCL are those that do not satisfy the above criteria for the USML, but are nonetheless determined to be "specially designed" for military applications as a result of differences in form and fit. 

For more information se Federal Register Notice