What is Export Control Reform?
The United States Departments of State and Commerce have implemented a series of export control reform amendments to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Starting with military aircraft, vessels, vehicles, launch vehicles and other specified items and ending, up until this point, with satellites, the changes have transferred jurisdiction over specified products and technologies from the ITAR to the EAR. As a result, many companies that previously had controls imposed only under ITAR are now exclusively subject to controls under the EAR or face shared jurisdiction by both agencies.
Some of the salient features of Export Control Reform have been removal of numerous products and related technologies from the United States Munitions List (USML) and placement in newly-created “600” classification subcategories in the Commerce Control List (CCL), adoption of a revised, common definition for parts and components “specially designed or modified” for controlled military items for both sets of regulations, adoption of a “positive list” approach to identify products and related parts and components that will remain subject to the ITAR and replacement of the ITAR agreement process with EAR license or license exception authorization for technology exports.
Legal Assistance with Export Control Reform
A significant part of my export control practice involves advising exporters and reexporters 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