Updates on Export Control Reform (ECR)

Todd E. Willis

Director

Munitions Control Division

Bureau of Industry and Security

U.S. Department of Commerce

ECR Initiative

In August 2009, the President directed a broad-based interagency review of the U.S. export control system.

The Administration determined that fundamental reform of the current system is necessary to enhance our national security by

◦ (i) focusing resources on the threats that matter most;

◦ (ii) increasing interoperability with our Allies;

◦ (iii) strengthening the U.S. defense industrial base by reducing incentives for foreign manufacturers to design out and avoid using U.S. parts and components.

Four Singulars of ECR

In April 2010, Secretary of Defense Robert Gates identified four singulars for reform:

(1) Single IT system;

(2) Single control list;

(3) Single law enforcement coordination agency;

(4) Single licensing agency.

ECR Focus

The Administration is recalibrating the controls and licensing requirements on items that pose a low risk to national security

◦ This is not a decontrol but a common sense, good government prioritization of our controls.

The reform initiative will enhance, not ease, the prohibitions on destinations like Cuba, Iran, North Korea, Sudan and Syria, and will enhance, not ease, U.S. policy of not supporting China’s military modernization program.

The President’s entire national security team supports a comprehensive overhaul of the system to meet the current and anticipated U.S. national security and foreign policy objectives of the 21st century.

ECR PlanThe Administration has deployed a three-phase implementation plan. Phases I and II: Progress to date: Developed and published the methodology for rebuilding the control lists,

and will be implementing these regulatory changes on a rolling schedule.

◦ 20 categories, published 9 (18 proposed rules, 1 each for State and Commerce per category)

◦ 3 more (6 rules) in the OMB clearance process.

◦ That leaves 4 more (8 rules) to move to OMB for publication.

◦ Begin AECA requirement, 38(f) Congressional notification process summer 2012.

◦ Start publishing final rules fall 2012.

Note: Categories: XV, XVI, XVII, XVIII; separate reviews

ECR Plan

Phases I and II: Progress to date:

◦ Executive Order 13558 created the Export Enforcement Coordination Center (E2C2).

◦ The Administration and Congress partnered to pass legislation, the Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISADA), to increase the disparate criminal export enforcement penalties to a standardized maximum. It also provided the Department of Commerce with permanent law enforcement authority that had been in lapse.

◦ An electronic consolidated list of parties was developed to assist small- and medium-sized companies screen transactions to ensure items are exported in compliance with licensing and other export control requirements.

◦ Four departments – Commerce, Defense, Energy, and State – are already migrating to a single secure licensing IT system administered by Defense; other departments will follow.

Phase III will require legislation to implement a government reorganization that would consolidate the current system.

Anatomy of a “600 series” ECCN

xY6zz

CCL Category0-9 Product

Group A-E

The “600 series” derives its name from the 3rd character (i.e., number) of the ECCN.

Last two characters (i.e. numbers) will generally trackthe WAML

License Requirements for “600 series”“600 series” items will generally be controlled for the following reasons for control: National Security column 1 (NS1); Regional Stability column 1

(RS1); Anti-terrorism column 1 (AT1). License required for export or reexport to all countries except

Canada (excluding certain items controlled for MT, CB1 & FC reasons)

Regime controlled items retain regime control. STA (ultimate government end-use), GOV, RPL

Specific parts, components, accessories and attachments identified in .y paragraphs. Anti-terrorism column 1 (AT1)

Restrictions on certain military end-uses in the PRC in §744.21, and other end-use and end-user controls as applicable.

• Assembled engines• Weapons pylons• Mission systems• Bomb racks• Missile launchers• Fire control computer• Radar• Radar warning receiver• Radar jammer• Laser/Missile warning system• Countermeasures dispensing system• Aerial refueling receptacle• Helmet mounted displays/Sights

• Aircraft wing folding systems and parts & components• Tail hooks and arresting gear and parts and components• Missile rails, weapon pylons, pylon-to launcher adapters, UAV launching systems, and external stores

support systems and parts and components• Damage/failure-adaptive flight control systems• Threat-adaptive autonomous flight control systems• Air-to-air refueling systems and hover-in-flight refueling (HIFR) systems and parts and components • UAV flight control systems and vehicle management systems with swarming capability

Reference Federal Register / Volume 76, No. 215 / Monday, November 7, 2011 / Proposed rules, page 68697

F-16 Specific USML Items Other Aircraft USML ItemsIllustrative List Only

USML F-16

• Wings, Rudder, Fin, Panels• Fuselage – Forward, Center, Aft• Cockpit structure• Forward equipment bay• Horizontal stabilizer• Conformal fuel tank• Cartridge Actuated Device, Propellant Actuated Device (CAD/PAD)• Control surfaces, activation & control systems

• Internal & Exterior fuel tanks• Engine inlets and ducting• Wing box• Flaperon• Static structural members• Exterior skins, Fairings, Radomes, Access doors Leading edge flap• Landing gear• Technology associated with above items

Reference Federal Register / Volume 76, No. 215 / Monday, November 7, 2011 / Proposed rules, page 68689

Illustrative List Only

ECCN 9A610 - F-16

THANK YOU

MCD Contact InformationTodd Willis(202) 482-1477Todd.Willis@bis.doc.gov

John Cuyler III(202) 482-3475John.Cuyler@bis.doc.gov

Dale Alford(202) 482-3413Dale.Alford@bis.doc.gov

Rey Garcia(202) 482-3462Reynaldo.Garcia@bis.doc.gov

Thomas Defee(202) 482-3365Thomas.Defee@bis.doc.gov

Karen DiBenedetto(202) 482-4524Karen.DiBenedetto.bis.doc.gov