Wassenaar

BIS amended the EAR to clarify that crew protection kits are on the Wassenaar Arrangement Munitions List (WAML) and are correctly classified on the CCL under the entry regarding “construction equipment built to military specifications.” Crew protection kits are items used as protective cabs on construction equipment to help protect crews operating in a military or otherwise hostile environment.

The phrase “crew protection kits” will be added to ECCN 0A018.a, this ECCN is used to control items listed on the WAML. BIS believes that this will further clarify that the all items listed are considered to be “construction equipment built to military specifications” and that all are controlled by that ECCN.

This amendment will not create any new export controls for crew protection kits.

More information:

Federal Register - September 5, 2008

Due to the flagrant and defiant actions of North Korea over the past year relating to missile testing and the detonation of a nuclear device, the United States is imposing new export and reexport controls on North Korea. This new rule is in accordance with UN Security Council Resolution 1718 which prohibits the direct or indirect sale of arms and other specified items to North Korea by UN Member States.

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On July 15, the Bureau of Industry and Security published a massive final rule implementing the decisions made at the December 2004 plenary meeting of the Wassenaar Arrangement. Other Wassenaar participants have already taken similar steps to codify the group’s changes at a national level or will do so in the near future. In addition to the Wassenaar-conforming revisions to Commerce Control List Categories 1-9, BIS also took this opportunity to add or expand some unilateral US controls.

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In the December 10, 2003 Federal Register the Commerce Department published a wide range of changes to the Commerce Control List.  The majority of these changes implement the December 2002 agreement by the members of the Wassenaar Arrangement.

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On March 5, the Bureau of Industry and Security (BIS) published a large Federal Register Notice implementing Wassenaar changes to the Commerce Control List (CCL). The changes affect numerous Export Commodity Control Number (ECCN) classifications, though most changes appear of little consequence to the aerospace industry. The rule likewise changes some Wassenaar reporting requirements.

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In the January 3, 2002 Federal Register the Commerce Department published a wide range of changes to the Commerce Control List (CCL). These revisions to the CCL implement changes agreed by the Wassenaar Arrangement, an 30+ country agreement on multilateral export controls. The changes effect all of the CCL Categories except 0 and 8. The changes include clarifications of existing controls and substantive changes to the existing controls.

The following is a quick rundown of the highlights of the changes most likely to impact aerospace companies. You should review the specific changes for yourself to see how they actually impact the controls on your hardware, software and technical data.

• Category 2: Revisions to controls on bearings, machine tools, machine tool software, and coating technology (2E003).
• Category 3: Assorted clarifications, extensive changes to controls on electronic components (3A001), added controls on silicon carbide,.
• Category 5: Removed controls on software for recovering source code of certain telecomm software.
• Category 6: Assorted clarifications, revised controls on instrumentation cameras and lasers and certain software.
• Category 7: Revised 7A001 to apply to linear accelerometers and 7A002 to apply to angular or rotational a accelerometers.
• Category 9: Assorted clarifications and removed controls on overhaul technology for gas turbine engines (9E003.a).

The Bush administration has yet to lift the Jan. 20 regulatory moratorium imposed by White House Chief of Staff Andrew Card - a mandate that prevents approval of any regulatory change without the signature of a Bush political appointee. Administration officials have not declared when the moratorium will be lifted, and prospects for a clearing-out of regulations in the Bureau of Export Administration (BXA) appear slim. Although the administration has declared its intent to place Washington attorney Kenneth Juster in BXA’s under secretary slot, Juster isn’t expected to be confirmed by the Senate until April, at the earliest.As a result, all BXA regulations must receive the personal attention of Commerce Secretary Donald Evans, a man whose routine schedule leaves little time for scrubbing provisions of the latest license exception.

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