What's New in Export Control Regulations &
Resources
Notice of January 18, 2008 - Continuation of the National Emergency With Respect to Terrorists Who Threaten To Disrupt the Middle East Peace Process (January 24, 2007)
[Presidential Document] "... Because these terrorist activities continue to threaten the Middle East peace process and to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency declared on January 23, 1995, as expanded on August 20, 1998, and the measures adopted on those dates to deal with that emergency must continue in effect beyond January 23, 2008. Therefore, in accordance with section 202(d) of the National Emergencies Act, I am continuing for 1 year the national emergency with respect to foreign terrorists who threaten to disrupt the Middle East peace process."
73 FR 3857-59
Published 1-22-2008
BIS extending deadline for public comments regarding the Commerce Control List (CCL) (October 29, 2007)
Although an extended deadline has not yet been set, it has been announced the BIS plans to extend the deadline for public comments regarding the Commerce Control List (CCL). The BIS is seeking comments regarding the overall structure of the CCL, types of items that should be listed on the CCL, updates to CCL item descriptions, and coordination and harmonization of controls on items covered by multilateral regimes.
Click here to view the BIS press release.
CNN.com reports, "FBI warns universities to watch out
for spies" (June 14, 2007)
Click here
to view the article.
CNNMoney.com reports, "ITT fined $100 Million for illegal
exports" (March 27, 2007)
Click here
to view the article.
New Export
Decision Tool for Researchers Added to
the Export Control Regulations & Resources Page
(December 2006)
Click here
to view the newly added document.
New Export
Control Concerns for Faculty/Staff: Research, Travel, and Shipping
Document Added to
the Export Control Regulations & Resources Page
(November 2006)
Click here
to view the newly added document.
UN Security Council Decision (August 11, 2006)
On August 11, 2006, the United Nations Security Council voted
unanimously to impose an embargo on the export of arms and related
material, as well as defense services, to Lebanon. A formal acknowledgement
of the arms embargo against Lebanon, along with an amendment to
Section 126.1 of the ITAR to reflect the fact of the embargo,
will be published shortly in the Federal Register.
New BIS Announcement (May 31, 2006)
The Bureau of Industry and Security (BIS) announced (Fed. Reg.:
Vol 71; No. 104; pp.30840-30844) that it has reviewed the public
comments in response to the "Advance Notice of Proposed Rulemaking:
Revision and Clarification of Deemed Export Related Regulatory
Requirements" (ANPR) published in the Federal Register on
March 28, 2005, and has decided to withdraw the ANPR.
The BIS concluded the existing definition
of "use" was appropriate. The definition states that
the technology of the operation, installation, maintenance, repair,
overhaul, and refurbishing must all be present to trigger the
need for a deemed export license.
In addition, the BIS decided that the current
deemed export licensing policy which focuses on a foreign national's
country of citizenship or permanent residency rather than country
of birth is still appropriate.
However, the BIS does state in the announcement:
"While the product of the fundamental research is not subject
to the EAR because the results of that research are intended for
publication and dissemination within the scientific community,
authorization may be required if during the conduct of the research
controlled technology is released to a foreign national."
In other words, a deemed export license may be necessary if controlled
proprietary technology is given to a foreign national even though
the results of the research may be in the public domain and therefore,
not subject to the EAR.
New Deemed Export Rule Advisory Opinion
(March 2006)
The Bureau of Industry and Security (BIS) just published an Advisory
Opinion on the Deemed Export Rule. To summarize, the BIS warns
that a Deemed Export license that transfers controlled technology
must only be given to a foreign national who is a long-term employee.
The transfer of controlled technology cannot be given to temporary
employees, contract employees, or consultants. In addition, if
the license is country-specific, the recipients of the technology
must be citizens or permanent residents of only that country.
New Countries
of Concern Document Added to
the Export Control Regulations & Resources Page
(February 2006)
Click here
to view the newly added Counties of Concern document.
New
Links Added to the Export Control Regulations & Resources
Page (January 2006)
New
links to the EAR
Denied
Persons/Entities Lists and Unverified
List, the OFAC Specially
Designated Nationals and Blocked Persons List, and the
ITAR List
of Statutorily Debarred Parties have been added
to the OSU Export Control Regulations
& Resources page. These lists should be checked prior
to international travel/shipping or before exchanging "controlled"
technology/information with a foreign national.
What's New Archives
