What is Export Control Reform?
The U.S. Departments of State and Commerce have implemented a series of amendments to modernize the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Known collectively as Export Control Reform (ECR), these changes were introduced in phases, beginning with military aircraft, vehicles, vessels, and launch systems, and extending more recently to satellites.
A key feature of the reform has been the transfer of jurisdiction over certain products and technologies from the ITAR to the EAR. As a result, many companies that were previously subject only to ITAR controls now fall under the EAR—or in some cases, must comply with both sets of regulations.
United States Munitions List (USML) VS Commerce Control List (CCL)
Some other key features of Export Control Reform include the removal of numerous products and related technologies from the United States Munitions List (USML). Many of these items were reclassified into newly created “600 series” subcategories within the Commerce Control List (CCL).
The reform also introduced a revised, common definition for parts and components “specially designed or modified” for controlled military items, which now applies to both sets of regulations.
In addition, it adopted a “positive list” approach to identify the specific products, parts, and components that remain subject to the International Traffic in Arms Regulations (ITAR).
Finally, the previous ITAR agreement process for technology exports was replaced with license or license exception authorization under the Export Administration Regulations (EAR).
Legal Assistance with Export Control Reform
A significant part of my export control practice involves advising exporters and re-exporters who must adapt to changes in agency jurisdiction over their products and technology.
For example, I assist companies in reclassifying their USML items to the CCL. I guide exporters familiar with the ITAR “license everything” approach to understand the differing levels of control and authorization under the EAR.
Other areas are the use of special ITAR license provisions for transitional and mixed-jurisdiction products and revision to preexisting compliance procedures to meet the requirements of Export Control Reform.
Request information about Export Control Reform by filling out the form below, or calling me at 202-772-2039
