[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Proposed Rules]
[Pages 5970-5971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02495]
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice 9980; Docket Number DOS-2017-0017]
RIN 1400-AE46
Notice of Inquiry; Request for Comments Regarding Review of
United States Munitions List Categories V, X, and XI
AGENCY: Department of State.
ACTION: Notice of Inquiry; request for comments.
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SUMMARY: The Department of State requests comments from the public to
inform its review of the controls implemented in recent revisions to
Categories V, X, and XI of the United States Munitions List (USML). The
Department periodically reviews USML categories to ensure that they are
clear, do not inadvertently control items in normal commercial use,
account for technological developments, and properly implement the
national security and foreign policy objectives of the United States.
DATES: The Department will accept comments on the Notice of Inquiry up
to April 13, 2018.
ADDRESSES: You may send comments, identified by docket number DOS-2017-
0017, by any of the following methods:
Email: [email protected]. Include docket number
DOS-2017 in the subject line with, ``Request for Comments Regarding
Review of USML Categories V, X and XI.''
Internet: At www.regulations.gov Follow the instructions
for sending comments using docket number, DOS-2017-0017.
Comments submitted through www.regulations.gov will be visible to
other members of the public; the Department will publish all comments
on the Directorate of Defense Trade Controls website
(www.pmddtc.state.gov). Therefore, commenters are cautioned not to
include proprietary or other sensitive information in their comments.
FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Office of Defense
Trade Controls Policy, Department of State, telephone (202) 663-2816;
email [email protected]. ATTN: Request for Comments Regarding Review
of USML Categories V, X and XI.
SUPPLEMENTARY INFORMATION:
List Review
On December 10, 2010, the Department provided notice to the public
of its intent to revise the USML to create a ``positive list'' that
describes controlled items using, to the extent possible, objective
criteria rather than broad, open-ended, subjective, catch-all, or
design intent-based criteria (see 75 FR 76935). This meant revising
USML categories so that, with some exceptions, the descriptions of
defense articles that continued to warrant control under the USML did
not use catch-all phrases to control unspecified items. With limited
exceptions, the defense articles that warranted control under the USML
were those that provided the United States with a critical military or
intelligence advantage. All other items were to become subject to the
Export Administration Regulations. Since that time, the Department has
published final rules setting forth revisions for 18 USML categories,
each of which have been reorganized into a uniform and more positive
list structure.
The advantage of revising the USML into a more positive list is
that its controls can be tailored to satisfy the national security and
foreign policy objectives of the U.S. government by maintaining control
over those defense articles that provide a critical military or
intelligence advantage, or otherwise warrant control under the
International Traffic in Arms Regulations (ITAR), without inadvertently
controlling items in normal commercial use. This approach, however,
requires that the lists be regularly revised and updated to account for
technological developments, practical application issues identified by
exporters and reexporters, and changes in the military and commercial
applications of items affected by the list.
This Notice of Inquiry is the third in a series of solicitations
requesting feedback on revised USML categories. Previous Notices of
Inquiry requested comments on Categories VIII and XIX (see 80 FR 11314)
and Categories VI, VII, XIII, and XX (see 80 FR 61138). As indicated
above, the subjects of this Notice of Inquiry are Categories V and X,
which was most recently revised on January 2, 2014 (see 79 FR 34), and
Category XI, which was most recently revised on July 1, 2014 (see 79 FR
37536). Additionally, the Department determined that it is in the
interest of the security of the United States to temporarily revise
USML Category XI paragraph (b), pursuant to the provisions of 22 CFR
126.2, while a long-term solution is developed. A recent final rule
extends the July 2, 2015 modification (80 FR 78130) to August 30, 2018
to allow the U.S. government to review USML Category XI in full and
publish proposed and final rules. As with previous inquiries, the
Department seeks comment from the public on the condition and efficacy
of these categories.
Request for Comments
The Department requests public comment on USML Categories V, X and
XI. General comments on other aspects of the ITAR, to include other
categories of the USML, are outside of the scope of this inquiry. In
order to contribute effectively to the USML review process, all
commenters are encouraged to provide comments that are responsive
specifically to the prompts set forth below.
The Department requests comment on the following topics, as they
relate to Categories V, X and XI:
1. Emerging and new technologies that are appropriately controlled
by one of the referenced categories, but which are not currently
described in subject categories or not described with sufficient
clarity.
2. Defense articles that are described in subject categories, but
which have entered into normal commercial use since the most recent
revisions to the category at issue. For such comments, be sure to
include documentation to support claims that defense articles have
entered into normal commercial use.
3. Defense articles for which commercial use is proposed, intended,
or anticipated in the next 5 years.
4. Drafting or other technical issues in the text of all of the
referenced categories.
5. Comments regarding USML Category XI paragraph (b) modification.
6. Potential cost savings to private entities from shifting control
of specific commercial items from USML to the Export Administration
Regulations. To the extent possible, please quantify the cost of
compliance with USML control
[[Page 5971]]
of commercial items, to include the time saved, the reduction in
paperwork, and any other cost savings for a particular change.
The Department will review all comments from the public. If a
rulemaking is warranted based on the comments received, the Department
will respond to comments received in a proposed rulemaking in the
Federal Register.
Richard Koelling,
Acting Director, Office of Defense Trade Controls Policy, Bureau of
Political-Military Affairs, U.S. Department of State.
[FR Doc. 2018-02495 Filed 2-9-18; 8:45 am]
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