The Obama administration yesterday moved forward its export control reform initiative by publishing in the Federal Register the final rules describing how U.S. Munitions List (USML) items will transition over to the more flexible Commerce Control List (CCL) as well as specific revisions to USML Categories VIII (aircraft and related equipment) and XIX (aircraft engines and related equipment).
The State Department issued a rule amending the International Traffic in Arms Regulations (ITAR) to revise four USML categories and provide new definitions and other changes. It revised USML Categories VIII (aircraft and related articles), XVII (classified articles, technical data and defense services not otherwise enumerated) and XII (articles, technical data and defense services not otherwise enumerated); added Category XIX (gas turbine engines and associated equipment) to the USML; established definitions for the terms “specifically designed” and “subject to the Export Administration Regulation (EAR)” and created a new licensing procedure for the export of items subject to the EAR that are to be exported with defense articles and related amendments to other ITAR sections.
The Commerce Department issued a rule adding a structure and related provisions to control munition items that the president has determined no longer warrant export control on the USML, specifically aircraft, gas turbine engines and related items.
The rules become effective Oct. 15.
The revised USML Category VIII narrows the types of aircraft and related articles controlled on the USML to only those that warrant control under the requirements of the Arms Export Control Act (AECA). Changes include moving similar articles controlled in multiple categories to a single category, including moving gas turbine engines for articles controlled in this category to the newly established USML Category XIX, according to the Federal Register notice.
The revised USML Category VIII does not contain controls on all generic parts, components, accessories and attachments specifically designed or modified for a defense article, regardless of their significance to maintaining a military advantage for the United States. Rather, it contains, with one principal exception, a positive list of specific types of parts, components, accessories and attachments “specifically designed” for the following U.S.-originated aircraft that have low observable features or characteristics: B-1B, B-2, F-15SE, F/A-18 E/F/G, F-22, F-35 and future variants, or the F-117 or U.S. government technology demonstrators.
All other parts, components, accessories and attachments specifically designed for military aircraft and related articles are subject to the new “600 series” controls in Category 9 of the CCL.