Amber Road would like to thank all of those who attended Export Control Reform Update: Preparing for Transition, which was hosted by American Shipper on Tuesday, April 23. We had an amazing turn out, and the attendees asked some great questions. Unfortunately, we ran out of time and were unable to answer all of them. The presenters were kind enough to provide us with written responses to those questions. Here is a sneak peak:
- Will Temporary Export Licenses exist under ECR such as we currently have with Dept. of State (DSP-73′s)?
ECR will not impact the issuance of temporary export licenses (DSP-73s) by the Directorate of Defense Trade Controls (DDTC). With respect to the EAR, BIS does not issue temporary export licenses. Upon the effective date of the initial implementation rule (October 15, 2013), all licenses issued by BIS will have a default validity period of four years, regardless of whether the transaction is a permanent or temporary export. Please note, however, that certain temporary exports, re-exports and transfers (in-country) may qualify for License Exception TMP (§ 740.9) if all relevant terms and conditions are met in §§ 740.2 and 740.9.
- When the recently published final rule goes ‘active’ in October, will the revised ‘specially designed’ definition be applicable to the old existing USML/ECCN categories? Or is it only for use on the newly published categories and lists?
Upon the effective date, the definition of “specially designed” will apply to all instances where “specially designed” is used in the Commerce Control List (CCL). Thus, it will apply regardless of whether the item is a 600 series item or not, and regardless of whether the term is used as a control parameter or a decontrol parameter. With respect to the USML, the ITAR definition of “specially designed” will apply to USML Categories VIII and XIX upon the effective date. As subsequent revised USML categories are published in final form and become effective, the term “specially designed” will apply to those additional USML categories as well.
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