Two final rules published October 12, 2016 change which U.S. export-control system covers specified fire-control, laser, imaging and guidance equipment. This October 16 explainer looks back at the prior week's publications; there was no new Sunday event in these records. The central distinction is between a transfer of jurisdiction and an end to controls. [2016-24220][2016-24225]

State administers the International Traffic in Arms Regulations, or ITAR, which identify defense articles on the U.S. Munitions List. Its rule revises Category XII to remove certain items and specify more precisely those still controlled there. It also adjusts related categories. That is a bounded classification change, not removal of the entire equipment category from regulation. [2016-24225]

Commerce administers the Export Administration Regulations, or EAR, including the Commerce Control List. Its matching rule amends classification 7A611 and creates entries 7B611, 7D611 and 7E611 for the transferred scope. Both ITAR and EAR impose export and reexport license requirements. Commerce also tightens some controls involving dual-use infrared items, including certain software, technology and military-related transactions; a new agency label alone does not answer whether a shipment needs permission. [2016-24220][2016-24225]

Both rules become effective December 31, 2016, not on their October publication date. Read together, they explain what is being removed from one list and controlled under another. They are complementary parts of the same policy chain, not independent corroboration that the reform works. As of the coverage date, the documents establish the forthcoming legal framework, not a measured effect on trade or national security. [2016-24220][2016-24225]

Source documents

  1. Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)https://www.govinfo.gov/content/pkg/FR-2016-10-12/html/2016-24220.htm
  2. Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XIIhttps://www.govinfo.gov/content/pkg/FR-2016-10-12/html/2016-24225.htm