MISSILE "CATCH-ALL" REGULATION WEB GUIDANCE

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MISSILE "CATCH-ALL" REGULATION WEB GUIDANCE

•	On November 8, the Federal Register published a rule that strengthens the current missile end-use/end-user controls, known as “catch-all” controls, contained in the Export Administration Regulations (EAR).
•	The rule, effective immediately, expands the scope of section 744.3 of the EAR to include certain rockets and unmanned air vehicles, in addition to “missiles,” and requires an exporter or reexporter to obtain a license for any item subject to the EAR if the exporter or reexporter knows or is informed that:
	– the item is going to a country in group D:4 for use on a rocket or unmanned air vehicle (UAV) capable of achieving a minimum range of 300 kilometers;
	– the item is going anywhere in the world for use on a rocket or UAV to deliver chemical, biological, or nuclear weapons; or
	– the item is going to a country in group D:4 for use on a rocket or UAV for which the range and payload characteristics or the intended end use cannot be determined by the exporter.
•	The rule also provides that the license requirements in section 744.3 of the EAR apply to in-country transfers of items subject to the EAR, as well as to exports and reexports.
•	Finally, the rule eliminates references to specific missile projects of concern contained in the footnote to Country Group D: 4 (see Supplement No. 1 to Part 740 of the EAR). The previous missile projects list did not identify all missile programs of concern. The list has now been replaced with objective criteria, described above, that account for new developments in missile programs and ensure that a license will be required for U.S.-origin items going to all programs of concern.
Please contact Steve Clagett (202) 482-1641 or Mike Rithmire (202) 482-6105 of the Bureau of Industry and Security’s Nuclear and Missile Technology Division for further information.