BIS Issues 2022 Wassenaar Changes, Seeking Comments on License Exception STA

The Bureau of Industry and Security is amending the Commerce Control List to implement changes agreed to during the 2022 Wassenaar Arrangement plenary, the agency said in an interim final rule released this week. The rule, effective Oct. 18, includes control parameter changes and editorial revisions to more than 50 Export Control Classification Numbers across Categories 1-10 of the CCL. BIS also is seeking public comments on a change that would restrict the use of License Exception STA (Strategic Trade Authorization) for certain countries when exporting technology used to develop certain supersonic aero gas turbine engine components.

The rule includes updates to the export control parameters for a range of technologies, including the average output power for certain lasers and the “parameters of Weighted TeraFLOPS” for certain processors. Other changes make editorial revisions to various ECCNs to address language that “might bring confusion to the control text,” to include terms “more commonly used in the context” of a particular technology, to make clearer the definition of “intrusion software” and more.

BIS also is seeking feedback about whether it should maintain License Exception STA eligibility for countries listed under Country Group A:5 of the Export Administration Regulations when exporting certain technology for the development of supersonic aero gas turbine engine components. License Exception STA authorizes certain exports to trusted U.S. allies if the foreign importer certifies that they won’t reexport the item outside a list of STA countries. The agency said this comment request is part of its effort of “continually evaluat[ing] the control status of a range of technologies, including those related to supersonic engines, to effectively protect U.S. national security and foreign policy interests.” Comments are due Dec. 4.

All exports that now require a license as a result of this rule that were aboard a carrier to a port as of Oct. 18 may proceed to their destinations under the previous eligibility as long as the items have been exported before Dec. 18, BIS said. Any items not exported before midnight Dec. 18 will need a license.