BIS Revises the CCL to Update and Clarify Crime Control License Requirements
On
July 15, 2010, the U.S. Department of Commerce’s
Bureau of Industry and Security published a
final rule in the Federal
Register to revise the Commerce Control List
(CCL) to update and clarify crime control
license requirements under the Export
Administration Regulations (EAR). The rule
updates and clarifies export and reexport
license requirements on striking weapons,
restraint devices, shotguns and parts, optical
sighting devices, and electric shock devices. It
also adds equipment designed for the execution
of humans to the Commerce Control List. This
rule makes no changes to the longstanding policy
of denial of applications to export or reexport
specially designed implements of torture. The
rule provides additional illustrative examples
of such items and adopts a definition of torture
used in a U.S. statute that implements the
United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.
BIS published the rule as part of an ongoing review of crime control license requirements and policy. As part of the ongoing review, BIS received public comments on whether the scope of the items and destinations that are subject to crime control license requirements should be changed. After reviewing the comments and conducting its own internal deliberations, BIS decided to proceed in stages. This final rule is the culmination of the first stage that addresses relatively simple extensions, modifications or removals of items currently on the CCL or additions to the CCL of items that have an easily identified crime control or law enforcement nexus.
BIS plans to publish a subsequent proposed rule that will identify potential expansion of certain Export Control Classification Numbers (ECCNs) as suggested in the comments to the proposed rule; whether, and if so, the extent to which biometric measuring devices, integrated data systems, simulators, and communications equipment should be added to the Commerce Control List; the degree to which software and technology related to commodities on the Commerce Control List should be listed and how such software and technology should be described; and general policy issues such as whether the range of destinations to which crime control license requirements apply should be modified.
BIS published the rule as part of an ongoing review of crime control license requirements and policy. As part of the ongoing review, BIS received public comments on whether the scope of the items and destinations that are subject to crime control license requirements should be changed. After reviewing the comments and conducting its own internal deliberations, BIS decided to proceed in stages. This final rule is the culmination of the first stage that addresses relatively simple extensions, modifications or removals of items currently on the CCL or additions to the CCL of items that have an easily identified crime control or law enforcement nexus.
BIS plans to publish a subsequent proposed rule that will identify potential expansion of certain Export Control Classification Numbers (ECCNs) as suggested in the comments to the proposed rule; whether, and if so, the extent to which biometric measuring devices, integrated data systems, simulators, and communications equipment should be added to the Commerce Control List; the degree to which software and technology related to commodities on the Commerce Control List should be listed and how such software and technology should be described; and general policy issues such as whether the range of destinations to which crime control license requirements apply should be modified.