DDTC recently published proposed amendments to USML Categories VIII and XIX. These amendments follow a period of public comment that began last year. The amendments are open to further public comment from now until March 25, although it’s doubtful there will be any significant further changes. After this, we expect DDTC to publish Final Rule Changes and an effective date of implementation for both Categories.
Many of the changes are designed to clarify the scope of control for items and bring clarity to other related definitions and intent. Below are some highlights of these amendments.
USML Category VIII
- Paragraph (a) is revised to make clear that controls for all paragraphs are applicable ‘‘whether manned, unmanned, remotely piloted, or optionally piloted.”
- Paragraph (a)(14) is modified to exclude L–100 aircraft manufactured prior to 2013 from the scope of control.
- Paragraph (d) is modified to delete the ‘‘ship-based’’ control parameter and to clarify the intent and scope of the control.
- Paragraph (h)(8) is modified to clarify the meaning of ‘‘threat-adaptive autonomous flight control systems.’’
- There are also several proposed changes to paragraph (h) specifically related to production and test equipment. This includes moving some specific types of equipment from EAR to ITAR control, because DDTC believes the nature of the equipment reveals technical data directly related to a defense article.
USML Category XIX
- Paragraphs (a) and (b) are modified to clarify the scope of controlled engines.
- Paragraph (c) is modified to clarify that it applies only to gas turbine engines.
- Paragraphs (d) and (f) include updates to the list of subject engines.
- A variety of new controls have been proposed for paragraphs (f)(7) through (f)(16). Items in these paragraphs include engine test cells and test stands, investment casting cores, pressure gain combustors, powders, superalloys, composite materials and more.
Jim McShane is a Sr. Consultant, Trade Compliance for Export Solutions -- a full-service consulting firm specializing in ITAR and EAR regulations.