BIS Posts Public Comments on Definitions of Specially Designed and Export Control Reform Transition Rule

BIS has posted on its website the public comments submitted on the proposed rules published in mid-June on the definitions of “specially designed” and the Export Control Reform Initiative transition rule. These two proposed rules are important pieces of the overall Export Control Reform puzzle and are intended to lay the groundwork for the next step in the process.

The consolidated PDF file for each of the comments can be found at the following links (note that the file sizes are quite large): 

Proposed Rule on Definition of "Specially Designed" in the Export Administration Regulations - There were 31 separate public comments submitted by individuals, companies, and trade associations on the June 19, 2012 "Specially Designed" definition proposed rule. The PDF file containing the containing the text of the proposed rule and the consolidated comments can be found here.

Export Control Reform Transition Rule - There were 26 separate public comments submitted by individuals, companies, universities and trade associations on the proposed rule issued by BIS on June 21, 2012 entitled "Proposed Revisions to the Export Administration Regulations: Implementation of Export Control Reform; Revisions to License Exceptions After Retrospective Regulatory Review." The PDF file containing the text of the proposed rule and the consolidated comments can be found here.

The State Department's Directorate of Defense Trade Controls, which also published their own separate rule on these topics, has not yet posted the public comments on its website. However, several of the documents submitted to BIS also included the comments submitted to DDTC on the ITAR-related aspects of the proposed rules. 

BIS and DDTC are expected to soon publish in the Federal Register the proposed changes to the remaining USML categories that have not yet been issued. The proposed changes to USML Category XI (Military Electronics) and the corresponding 600 Series in the Commerce Control List is expected to be the next set of proposed rules to be published.

The latest version of the Export Control List Tracker which shows the status of the USML and 600 Series categories published to date can be found here:
ECR Control List Tracker June 2012


The current version of the Export Control Dashboard, which shows the current progress of various aspects of the Export Control Reform Initiative can be found here:
Export Control Reform Dashboard (June 2012)