The Department of State and the Department of Commerce have issued their second set in a series of final rules redefining how the U.S. Government protects sensitive technologies and regulates exports of munitions and commercial items with military applications. Rewriting the U.S. export control lists is a key element of the President’s Export Control Reform Initiative announced in 2009, which has brought together top experts from across the U.S. Government to overhaul the Cold War-era system of controls on exports of defense articles to better meet current and emerging U.S. national security challenges and foreign policy objectives.
These new final rules define items regulated for export in four categories of the U.S. Munitions List administered by the State Department: Category VI – Vessels of War and Special Naval Equipment; Category VII – Ground Vehicles; Category XIII – Materials and Miscellaneous Articles; and Category XX – Submersible Vessels and Related Articles; and those lesser sensitive items previously controlled in these categories that are moved to the Commerce Control List.
Based on a multi-year technical and policy review led by representatives of the Departments of State, Defense, and Commerce, together with other departments and agencies, these reforms are moving less sensitive items, predominantly parts and components, from the U.S. Munitions List to the Commerce Control List. These rebuilt categories of the control lists have been developed in close consultation with the public and Congress. Each revised final category will become effective 180 days after it is published in the Federal Register to allow companies, their suppliers, and their customers time to adapt their internal business practices to the new controls.
With today’s publications, eight of 21 categories of the U.S. Munitions List have now been rebuilt under Export Control Reform. Work on the remaining categories continues. When ready, they will be similarly notified and published over the coming months. These reforms will allow the U.S. Government to better focus on controlling the export of the more sensitive technologies that remain on the U.S. Munitions List while streamlining controlled exports of less sensitive defense-related items to U.S. Allies and partners around the world, which will enhance interoperability with Allies and contribute to the health and competitiveness of the U.S. defense industrial base, a national security imperative.
Federal Register Notices outlining these new final rules for The Department of State and The Department of Commerce are now available online. For more information on the President’s Export Control Reform Initiative, visit export.gov/ecr/.