DDTC and BIS Issue Proposed Rules to Reform USML Category XII and Related Controls of Fire Control, Laser, Imaging, and Guidance and Control Equipment

The US State Department’s Directorate of Defense Trade Controls (DDTC) and Commerce Departments’ Bureau of Industry and Security (BIS) have issued companion proposed rules to reform Category XII of the US Munitions List (USML). Under the proposed rules (State Rule; BIS Rule), certain fire control, laser, imaging, and guidance and control equipment that were previously controlled as defence articles in Category XII of the USML would transition to control under the Export Administration Regulations, administered by BIS. DDTC’s proposed rule would also revise ITAR
Categories VIII, XIII, and XV to reflect that certain items now described in those categories will be in the revised category XII. In addition, the BIS rule would expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain items subject to the EAR that provide night vision or thermal imaging capability.