International Trade Law News

The Bureau of Industry and Security (BIS) today published a final rule in the Federal Register clarifying the export controls that exist on parts and components of certain military ground vehicles, adding a new class of vehicles to the Commerce Control List (CCL), providing guidance for classifying ground vehicles that are subject to the Export Administration Regulations (EAR) and distinguishing those vehicles from those that are subject to the International Traffic in Arms Regulations (ITAR).

Specifically, the final rule states that Export Control Classification Number (ECCN) 9A018 applies to parts and components as well as to vehicles and includes unarmed all-wheel drive vehicles capable of off-road use that have been manufactured or fitted to provide a specified level of ballistic protection. The final rule states that ECCN 9A018 does not include vehicles that are on the U.S. Munitions List (USML). The final rule also revises Interpretation 8 in Part 770 of the EAR, which provides guidance relating to ECCN 9A018.b. Revised Interpretation 8 eliminates terms that are no longer used in the EAR and replaces it with language from the Wassenaar Arrangement Munitions List to distinguish military vehicles from civil vehicles. It also provides guidance to distinguish military vehicles subject to the export licensing jurisdiction of the Directorate of Defense Trade Controls (DDTC) from those subject to BIS' export licensing jurisdiction.

The final rule can be viewed at the following link:
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-19872.htm.