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Category XII Transition Final Rules Published

On October 12, 2016, the State and Commerce Departments published final rules amending USML Category XII: Fire Control, Laser, Imaging, and Guidance Equipment. The final rule will be effective on December 31, 2016.  In the revised Category XII, certain paragraphs define items as defense articles (and thus include them on the USML) based on if they were specially designed for a military end-user.  Subparagraphs were added to the current paragraphs throughout Category XII, to more clearly define what is to be controlled by the USML and what is to be moved to Commerce Department jurisdiction. ECCNs 7X611 will be established to control military fire control, laser, imagine, and guidance and control items no longer warranting ITAR control. These rules also make changes to existing relevant ECCNs like 0A919 and 6A002, adding additional items which are now under the jurisdiction of the Commerce Department and controlled under those classifications.

Commerce Rule

 State Rule

 

 

Any company that currently has items controlled by USML Category XII will need to review those products for the revised classifications/confirmation of current classification by December 31, 2016.  Current licensing authority for Category XII items will remain valid until December 31, 2016 (unless the licensing authority expires prior to that date or is terminated for other reasons).

 

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