BIS published a final rule, in the Federal Register, which comes into effect on April 13, 2012, which is today. 77 Fed. Reg. 22,191 (April 13, 2012). According to BIS, the ECCN 0Y521 series will be used for items that warrant control on the CCL but are not yet identified in an existing ECCN. Additionally, BIS states that ECCN 0Y521 is designed as a “temporary holding classification” and is equivalent to United States Munitions List (USML) Category XXI (Miscellaneous Articles). As BIS states, it will be temporary as “the U.S. Government works to adopt a control through the relevant multilateral regime(s); to determine an appropriate longer-term control over the item; or determines that the item does not warrant control on the CCL.” Government Criteria for 0Y521 Inclusion ECCN 0Y521 will contain list of items that are “added … by the Department of Commerce, with the concurrence of the Departments of Defense and State, when it identifies an item that should be controlled because it provides a significant military or intelligence advantage to the United States or because foreign policy reasons justify such control.” The input may also be sought from Technical Advisory Committees. This items may include “emerging technologies.” BIS goes on to state that it is NOT the…
Published April 13, 2012 by Yuri Starikov
