Wassenaar Arrangement 2013 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports; and Extension of Fly-by-Wire Technology and Software Controls; Final Rule

“The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This final rule revises the CCL to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2013 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the changes made to the WA List at the Plenary by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as amending the General Technology Note, WA reporting requirements, and definitions section in the EAR. However, BIS intends to publish a separate rule in September setting forth changes to the CCL resulting from the WA agreements for cybersecurity. These changes agreed to at the Plenary include raising the Adjusted Peak Performance(APP) for digital computers in ECCN 4A003. The President’s report for High Performance Computers was sent to Congress on July 1, 2014 to set forth the new APP in accordance with the National Defense Authorization Act(NDA) for FY1998. This rule also makes corresponding revisions to the de minimis rule, and post shipment verification reporting requirements in the Export Administration Regulations. This rule also extends the controls on specified fly-by-wire source code software and technology until June 20, 2015, as BIS continues to negotiate for multilateral controls for this software and technology. This rule also revises the license requirements for Mexico on the Commerce Country Chart, because of its recent membership in multiple multilateral export control regimes. In addition, this rule makes changes to the EAR resulting from previous rules issued as part of BIS’s export control reform initiative and makes minor editorial corrections to the CCL.”

79 FR 45288-07
Published 08-04-2014