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Federal Register Updates- Wassenaar Arrangement, Crimea exception, etc.

 

May 20: 80 FR 28853- BIS proposes to implement 2013 Wassenaar Arrangement, in regards to cybersecurity items, intrusion software, and related software. ECCNS 4A005 and 4D004 would be added to control these items. A license would be required for export/reexport/transfer for all countries except Canada, which would be an increase in control.

May 21: 80 FR 29432- The 2014 Wassenaar Arrangement Plenary meeting revised the Wassenaar List of Dual-Use Goods and Technologies and this rule by BIS implements the agreement. New export controls in spacecraft equipment and “fly-by wire/flight by light systems”, and substantial revisions to UAVs were some of the major changes.

May 22: 80 FR 29565- This proposed State Dep. amendment would make several changes to ITAR including harmonizing destination control statement, adding language to ITAR pertaining to export of items under the jurisdiction of EAR when such items are exported in conjunction with ITAR items, expanding the license exemption for export on behalf of the government, etc.

May 22: 80 FR 29551- This proposed BIS amendment would harmonize Destination Control Statements by changing §756.6 of EAR to harmonize with §123.9(b)(1) of the ITAR.

May 22: 80 FR 29530- Software that is classified as EAR99 or is mass market software classified 5D992.c designed to enable the exchange of information of personal communications over the Internet, as well as being free and widely available to the public, may be exported/reexported to Crimea without a license. This rule revises EAR §746.6(a).

May 26th: 80 FR 30001- This is a State Department proposed rule that clarifies the DDTC rule that US persons, either in the US or abroad, must register when “engaged in the business of furnishing defense services to their foreign person employers”. Exceptions are added for certain scenarios listed in the FR for example “if the U.S. person is employed at a foreign subsidiary or affiliate where the U.S. company is not actively participating in the provision of services to the foreign subsidiary or affiliate”.

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