The US Department of Commerce’s Bureau of Industry and Security (‘BIS’) has revised the Commerce Control List (‘CCL’) and the corresponding sections of the Export Administration Regulations (‘EAR’), to bring these into line with changes made to the Wassenaar Arrangement. A final rule was published in the Federal Register on 15 August. The changes were made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (‘WA List’) at the December 2016 WA Plenary meeting. As a result, Export Control Classification Numbers (‘ECCNs’) in each category of the CCL, and where relevant in the EAR, have been revised.
BIS says that the rule ‘revises fifty (50) Export Control Classification Numbers (ECCNs), as well as the WA sensitive list (Supp. No. 6 to part 774), Definitions (Part 772) and License Exception APP (§ 740.7),’ and in a note on effective dates explains:
‘This rule raises the High Performance Computer control Adjusted Peak Performance (APP) level from 12.5 to 16 weighted TeraFLOPS (WT) in Items paragraph 4A003.b, which is effective on September 25, 2017.
This rule also moves Burma from Computer Tier 3 to 1 under License Exception APP, which will be effective November 24, 2017.
All other revisions in this rule are effective August 15, 2017.’