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Blog · August 18, 2017

BIS Revises the EAR to Implement 2016 Wassenaar Agreements

On August 15, 2017, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule[Docket No. 170309249-7249-01] that revises the Commerce Control List (CCL), as well as corresponding parts of the Export Administration Regulations (EAR), to implement changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2016 WA Plenary meeting. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the agreements reached at the 2016 Plenary meeting by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as making other associated changes to the EAR.

The final rule is effective August 15, 2017, except that:

1. the effective date for amendatory instruction 30 (ECCN 4A003 in Supplement No. 1 to part 774) is September 25, 2017; and

2. the effective date for amendatory instruction 2 (§ 740.7 of the EAR) is November 24, 2017.

 

CREDIT: Baker McKenzie, Lexology

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