BIS Updates Materials Advisory Committee on Export Reform Progress, Etc.
At the August 12, 2010 meeting of the Bureau of Industry and Security’s Materials Technical Advisory Committee (MTAC), BIS officials gave updates on the Administration’s export control reform efforts, regime-based activities, etc. The officials made the following points:
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Rewritten ITAR Category 7 Working Draft Completed
The Administration is currently in the second phase of its alignment of the U.S. Munitions List (USML) and Commerce Control List (CCL). Phase 21 involves rewriting the current USML and CCL export controls into positive controls2 that will lend themselves to eventually being combined.
Phase 2 began with a rewrite of USML Category 7 (Tanks and Military Vehicles). A working draft of USML Category 7 rewritten as a positive control has been completed. The work on USML Category 7 will be used as a model for other USML categories to be rewritten.
Rewrite of USML Category 6 expected next. Phase II is expected to move category by category through the International Traffic in Arms Regulations (ITAR) and the associated portions of the Export Administration Regulations (EAR). One attendee opined that USML Category 6 (Vessels of War and Special Naval Equipment) is likely to be the next to be written as a positive control.
Advisory groups expected to have input into the rewrite process. BIS technical advisory groups are expected to have input into the Phase 2 process, but the exact timing is unknown.
Update on Regime-Based Activities
The update on the various regime-based activities included:
Missile Technology Control Regime - the next plenary is scheduled or the end of 2010.
Australia Group -- the U.S. was able to get a proposal on fluoropolymers accepted by the Australia Group (AG). However, since it is not yet posted to the AG web site, regulations cannot be drafted. Other proposals are being discussed. A technical experts meeting will be held at the end of 2010 or the beginning of 2011.
State Responds to MTAC Letter on Biological Weapons Convention Concerns
The State Department has responded to a MTAC letter regarding Biological Weapons Convention confidence building measures. (MTAC had expressed concerns to State about the publication of certain parts of the confidence building measures.) BIS has drafted a letter to MTAC addressing the State Department’s response.
MTAC Decides on FY 2011 Meeting Dates
MTAC is scheduled to hold its fiscal year 2011 meetings on the following dates: November 12, 2010; February 10, 2011; May 12, 2011; and August 11, 2011.
1The Administration’s export reform process is divided into three phases. Phase I consists of immediate improvements within the existing system. Phase 2 consists of the development of a new U.S. export control system based on current structure. Phase 3 is the complete the transition to new export control system (Phase 3 would require the enactment of legislation).
2In recent remarks, National Security Advisor General Jones noted that the CCL is generally a positive list, which means that an item is only controlled if it is on the list. However, the USML is not considered a positive list as it is based on broad general descriptions, which results in capturing every nut, bolt, and screw of a munitions item.