BIS changed the rules to conform with agreements reached at multilateral meetings.
The Bureau of Industry and Security (BIS) on Thursday amended the Export Administration Regulations (EAR) in line with changes to the multilateral Missile Technology Control Regime (MTCR) Annex agreed to by MTCR member countries at the October 2017 Plenary in Dublin, Ireland, and the May 2017 Technical Experts Meeting in Stockholm, Sweden, BIS said in a final rule.
In total, the final rule revises 17 export control classification numbers (ECCNs) to implement the changes and better align the missile technology controls on the Commerce Control List (CCL) with the MTCR Annex.
The MTCR is a 35-nation export control arrangement that includes most of the world’s suppliers of advanced missiles and missile-related equipment, materials, software and technology.
The group establishes a common list of controlled items known as the Annex and a common export control policy that member countries implement in accordance with their national export controls.
Among the changes are a change to ECCN 7A105 to remove the word “global” from the phrase “Global Navigation Satellite Systems,” defining “Navigation Satellite Systems” to include both global and regional navigation satellite systems. ECCN 7A105 provides an illustrative list of such satellite systems.
Another change revises ECCN 7A116 (flight control systems and “parts” and “components,” as follows [see list of items controlled]) by adding sections for license requirements, license exceptions and a list of items controlled. The final rule also revises the ECCN to control items not subject to the International Traffic in Arms Regulations.
The final rule adds a license requirement associated with commodities the final rule controls under ECCN 7A116. The final rule subjects such goods to requirements under Missile Technology (MT) Column 1, which requires licenses for exports to all destinations except Canada, as well as requirements per Anti-Terrorism Column 1, which includes Sudan.
BIS also moved the control parameters in paragraph 9A012.b.5 to ECCN 7A116.
Paragraph 9A012.b.5 reads “pneumatic, hydraulic, mechanical, electro-optical or electromechanical flight control systems (including fly-by-wire and fly-by-light systems) and altitude-control equipment designed or modified for UAVs or drones controlled by ECCN 9A012 and capable of delivering at least 500 kilograms payload to a range of at least 300 km.”
The commodities moved from 9A012.b.5 will no longer be controlled for national security reasons, but will be MT controlled.
The final rule also adds a note at the end of the “items” paragraph in the list of controlled items section of ECCN 7A116 to specify that systems, equipment and valves designed or modified to enable operation of manned aircraft as unmanned aerial vehicles are included within the scope of the ECCN.
BIS also is amending ECCN 9A101 (turbojet and turbofan engines, other than those controlled by 9A001) to limit the control to engines most likely to be used on MTCR-controlled cruise missiles and unmanned aerial vehicles and to remove controls from larger engines unlikely to be used on such systems.
EAR adjusted after missile control pacts
