ANNOUNCED AS TEMPORARYNo
Export-related non-tariff measure, nes
The Bureau of Industry and Security (BIS) of the Department of Commerce published an advanced notice of proposed rulemaking in the Federal Register (Volume 80, Number 99) on May 22, 2015. The proposed rules on which the BIS seeks comments aim to ease the administrative burdens on exporters of strategically important goods. At issue are the export-clearance requirements under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). BIS wishes to know how the
EAR can be improved and better harmonized with the ITAR.
This initiative falls within the broader rubric of the President's Export Control Reform (ECR) Initiative. Under this initiative the administration has transferred thousands of formerly ITAR-controlled defense article parts and components, along with other items, to the less restrictive Commerce Control List in the EAR that is under the jurisdiction of the Department of Commerce. According to BIS, the ITAR and the EAR are an example of requirements that may for certain provisions be harmonized to reduce the burden on exporters, improve compliance with the export clearance requirements, and ensure the export clearance requirements are achieving their intended purpose for use under the U.S. export control system. Several of the proposed changes nevertheless appear to require the submission of additional information.
BIS is considering further revisions to the EAR, as summarized below:
A. Require Export Control Classification Numbers (ECCN) on export control documents.
B. Require identification of country of ultimate destination on export control documents.
C. Require license number or export authorization symbol on export control documents.
D. Require Automated Export System (AES) filing for exports to Canada for certain controlled items
E. Other suggestions for improving and harmonizing export clearance requirements.
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