2005/03/10
By: Scott Gearity
On March 10 the Department of Commerce, Bureau of Industry and Security (BIS) revised the Export Administration Regulations to reflect a number of changes with respect to missile controls resulting from the October, 2004 plenary meeting of the Missile Technology Control Regime (MTCR).
Bulgaria was added to Country Group A:2 to reflect its newly-attained status as a member of the MTCR. In addition, the rule somewhat expands the definitions of “usable in” and “capable of” in the context of MTCR-controlled items in a change that could have the effect of capturing more items under the controls.
The bulk of the regulation is used to revise several Export Control Classification Numbers (ECCNs) and bring their definitions into line with changes agreed to the MTCR Equipment, Software and Technology Annex at the October meeting. ECCNs 1C007, 1C107, 1C111, 1C116, 2A001, 2B104, 2B116, 9A106, 9A107, 9B106, 9B117 are all affected. The details are too extensive to discuss in full detail here, but they vary from mere clarifications to expansions of existing control parameters and all the way to new MT controls for certain ECCNs. For their part, BIS says that “changes to three ECCNs are expected to result in some increase in licensing activity, however the majority of these amendments reflect clarifications to the CCL that will result in no actual change to the control parameters of the affected ECCNs.”
The rule also clarifies that exporters must seek a license for the export of any item subject to the EAR which “will be used, anywhere in the world, except by governmental programs for nuclear weapons delivery of NPT Nuclear Weapons States that are also members of NATO, in ‘the design, development, production or use of’ rocket systems or unmanned air vehicles, regardless of range capabilities, for the delivery of chemical, biological, or nuclear weapons. This is a revision of November 8, 2004 rule which neither excluded from a license requirement governmental nuclear programs in “NPT Nuclear Weapons States that are also members of NATO” (a convoluted way of saying France and the United Kingdom) nor specified that items used in the “design, development, production or use” of rocket systems or UAVs were themselves restricted.