BIS Unveils Two New Export Control Reform Web-Based Decision Tools

As part of the Bureau of Industry and Security's (BIS) efforts to assist exporters comply with the Initial Implementation of Export Control Reform final rule published in the Federal Register on April 16, 2013, BIS has developed two new web-based decision tools to assist users in understanding and applying the Commerce Control List (CCL) Order of Review and the definition of "Specially Designed".

These two new Export Control Reform decision tools were posted today on the BIS website and are available for use at the following links: 

Commerce Control List (CCL) Order of Review Decision Tool — The Order of Review decision tool is intended to help exporters classify items that are subject to the Export Administration Regulations (EAR) and is based on the new CCL Order of Review in Supplement No. 4 to part 774 of the EAR. The CCL Order of Review provides guidance for how to classify items in light of the addition of the 600 series Export Control Classification Numbers (ECCNs) to the CCL and the new definition of "specially designed."

 "Specially Designed" Decision Tool — This tool is intended to assist exporters in determining whether items that are subject to the EAR are "specially designed. The "Specially designed" decision tool will lead to one of three results:

1. The item is "specially designed" on the CCL;
2. The item is not "specially designed" on the CCL; or
3. Obtain guidance on the next steps to take if you have difficulty in answering whether an item is 'caught' or 'released' under the "specially designed" definition.

BIS previously implemented the Strategic Trade Authorization (STA) decision tool to help exporters determine if they are eligible to use and be in compliance with License Exception STA.

While these decision tools are now online, the final rules implementing Export Control Reform will not take effect until October 15, 2013.

The final rules on implementation on Initial Implementation of Export Control Reform published by BIS and the State Department's Directorate of Defense Trade Controls (DDTC) can be found at the following links:

• BIS Final ECR Implementation Rule
• DDTC Final ECR Implementation Rule