BIS Amends EAR to Reflect Changes to Missile Technology Control Regime

On April 4, 2016 (81 FR 19026-19032) the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex.  

The MTCR is an export control agreement between 34 nations that establishes a common export control policy and a common list of controlled items (the Annex).  Member countries implement the controls within their own national export control regulations.  The purpose of the MTCR is to try to limit the risk of proliferation of weapons of mass destruction (WMD) by controlling the export of goods and technologies that might contribute to a delivery system for those weapons.  The focus of the MTCR is on nuclear, chemical and biological weapons.   

The amendments were published in order to update the EAR to reflect changes that were agreed to by MTCR member countries at the October 2015 Plenary in Rotterdam, Netherlands, and the April 2015 Technical Experts Meeting (TEM) in Bern, Switzerland.

The final rule revises six Export Control Classification Numbers (ECCNs) and it makes a change to MT licensing policy to specify that a license for MT controlled items should also authorize certain minimum "software'' and "technology.''  In addition, this final rule adds a new paragraph to the section of the EAR that specifies which changes to a license are considered "non-material.''

The six revised ECCNs are 1B101, 1C111, 7A116, 9A012, 9A610, and 9B106. 

The rule is effective April 4, 2016.