Effective June 20, 2013, the Bureau of Industry and Security (“BIS”) issued a final rule that revises the Commerce Control List (“CCL”) of the Export Administration Regulations (“EAR”) to implement modifications made to the Wassenaar Arrangement (“WA”)’s List of Dual-Use Goods and Technologies (“WA List”). The final rule harmonizes the CCL with the WA List, which is maintained and agreed to by states that participated in the December 2012 WA Plenary Meeting.
1. The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies
The WA is a multinational group of 41 countries that are devoted to organizing export controls of conventional arms and dual-use goods and technologies. The goal of the WA is to promote transparency and responsibility in the global arms trade, prevent destabilizing accumulations of arms, and to provide a level playing field for competitors who are WA-member countries.
2. Amendments to the CCL
The final rule amends Export Control Classification Numbers (“ECCNs”) that are controlled for national security reasons in each category of the CCL, except for Category 8 (Marine). The final rule also amends the General Software Note, WA reporting requirements and the definition section of the EAR. Additionally, the final rule includes unilateral controls to the CCL for the export of certain technology and software for aviation control systems that have been removed from the WA List.