BIS & DDTC Final Rules Amends EAR and ITAR for Spacecraft & Related Articles

BIS & DDTC Final Rules Amends EAR and ITAR for Spacecraft & Related Articles

Today the Bureau of Industry and Security (BIS) and Directorate of Defense Trade Controls (DDTC) published complementary rules (82 FR 2875 and 82 FR 2889) affecting USML Category XV and CCL Category 9, and making conforming corrections and clarifications in response to comments received on EAR and ITAR interim final rules published on on May 13, 2014 (79 FR 27417 and 79 FR 27180).

In the ITAR rule, USML Category XV, paragraphs (a)(2), (a)(10), (a)(11), (a)(12), (e)(4), (e)(5), (e)(11)(iv), (e)(12), (e)(20), and Note 3 to paragraph (a) and Note 3 to paragraph (f) are amended to better reflect the intended scope of control with regard to autonomous tracking systems, logistics, propulsion systems, cryocoolers and vibration suppression systems. Paragraphs (a)(7)(i) and (e)(2) are amended to clarify the size of the respective aperture dimension of specific electro-optical remote sensing capabilities and space qualified optics.

The EAR Final Rule changes address the movement of additional spacecraft and related items from the USML to the CCL, as a result of changes in aperture size for spacecraft that warrant ITAR control; the addition of certain “.y” items to ECCN 9A515; changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; and other corrections and clarifications to the spacecraft interim final rule as described in EAR parts 740, 742, 750, and 774.

Both rules are effective January 15, 2017 and can be found here https://www.gpo.gov/fdsys/pkg/FR-2017-01-10/pdf/2016-31755.pdf and here https://www.gpo.gov/fdsys/pkg/FR-2017-01-10/pdf/2016-31751.pdf.

By |2018-04-13T14:58:46+00:00April 13th, 2018|