U.S. State Export Rule Changes 2015-09673

U.S. State Export Rule Changes 2015-09673

Proposed amendment to ITAR revising the U.S. Munitions List Category XII, 55 pages

Abstract

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The U.S. government has issued two proposed rules regarding the control of exports of optics and photonics products, summarized below.

  1. The U.S. Department of State issued an amendment to the International Traffic in Arms Regulations (ITAR):  Revisions of U.S. Munitions List Category XII (document titled U.S. State Export Rule Changes 2015-09673)                          
  2. The U.S. Department of Commerce issued revisions to the Export Administration Regulations (EAR) for equipment that is deemed not to warrant control under the U.S. Munitions List (document titled U.S. Commerce Rule Changes 2015-10353).
The proposed rules are the result of the Obama Administration’s Export Control Reform Initiative, begun in 2009.  The aim of the two revisions is to create “higher fences around fewer items” in the U.S. Munitions List.  They are oriented around a so-called positive list (products that are excluded), versus the traditional negative list (products that are excepted).   

These proposed rule changes may greatly impact your company’s ITAR and EAR product classifications. OSA recommends that members review these proposed rule changes. If these proposed rule changes impact your company negatively, we recommend you respond to these proposed changes with official public comments. Your official response can change or negate these proposed rules before they are formulated into final legal binding rules. The more companies that officially respond to these proposed rule changes, the more likely they will be altered.

The proposed rule changes were issued on May 5, 2015. The process to respond through the government website is easy, but please provide as many details as possible, such as page numbers, background, and suggested alternatives. The deadline to respond to these proposed rule changes is July 6, 2015.

OSA sponsored an information session at CLEO 2015 featuring the proposed revisions.  A video of the session is accessible here, and the accompanying CLEO slides are accessible in this library.

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