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Export Control Regulations Amended to Reflect Missile Technology Regime Changes

The Bureau of Industry and Security has issued a final rule that, effective 7 July, made the following amendments to the Export Administration Regulations to align the missile technology controls on the Commerce Control List and other parts of the EAR with changes to the Missile Technology Control Regime annex that were agreed to by MTCR member countries in 2016.

  • revises Export Control Classification Numbers 1C107, 1C111, 2B018, 2B109, 5A101, 7A103, 9A101, 9E101, 9E102, 9D101, 9D104, 9E001 and 9E002
  • adds ECCN 9B104 to control aerothermodynamic test facilities
  • revises the definitions of “missiles” and “unmanned aerial vehicles” (BIS states that these changes will not alter any scope of control and are not expected to affect the number of licence applications received by BIS)

The MTCR is an export control arrangement among 35 nations, including most of the world’s suppliers of advanced missiles and missile-related equipment, materials, software and technology. The regime establishes a common list of controlled items (the annex) and a common export control policy (the guidelines) that member countries implement in accordance with their national export controls. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction by controlling exports of goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for such weapons.

Shipments of items removed from eligibility for a licence exception or export or re-export without a licence (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting or re-exporting carrier, or en route aboard a carrier to a port of export or re-export on 7 July pursuant to actual orders for export or re-export to a foreign destination may proceed to that destination under the previous eligibility for a licence exception or NLR so long as they are exported or re-exported before 7 August. Any such items not actually exported or re-exported before midnight on 7 August will require a licence in accordance with this rule.

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