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Export Regulations Revised to Reflect Changes to Dual-Use Goods List

The DOC’s Bureau of Industry and Security has issued a final rule revising the Commerce Control List and corresponding parts of the Export Administration Regulations to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies at the December 2016 WA plenary meeting. This rule is generally effective as of 15 August, although some changes will not be effective until 25 September or 24 November.

This rule (i) revises 50 ECCNs controlled for national security reasons, (ii) adds licence exception LVS eligibility to ECCN 3A001.b.12 and licence exception GBS eligibility to ECCN 2A001.b.14, (iii) expands eligibility for licence exceptions TSR and STA to ECCNs 4D001 and 4E001, and (iv) moves Burma (Myanmar) from computer tier 3 to computer tier 1 for purposes of licence exception APP (effective 24 November).

Shipments of items removed from licence exception eligibility or eligibility for export, re-export or transfer (in-country) without a licence (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on 15 August pursuant to actual orders for exports, re-exports or transfers to a foreign destination may proceed to that destination under the previous licence exception eligibility or NLR so long as they have been exported, re-exported or transferred before 16 October. Any such items not actually exported, re-exported or transferred before midnight on 16 October will require a licence in accordance with this rule.

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