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ARTICLE · 25 APRIL 2012

BIS Implements New "Temporary" ECCN Series

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The Department of Commerce, Bureau of Industry and Security ("BIS") published a final rule on April 13, 2012 amending the Export Administration Regulations ("EAR") by adding a new Export Control Classification Number ("ECCN") series.

United StatesInternational Law
Edward Krauland
Edward Krauland
Alexandra Baj
Alexandra Baj
Andrew Irwin
Andrew Irwin
Elisabeth Page
Elisabeth Page
Meredith Rathbone
Meredith Rathbone
Julia Ryan
Julia Ryan

Overview of New ECCN

The Department of Commerce, Bureau of Industry and Security ("BIS") published a final rule on April 13, 2012 amending the Export Administration Regulations ("EAR") by adding a new Export Control Classification Number ("ECCN") series.  See 77 Fed. Reg. 22,191.  The new ECCN series, 0Y521,1 will be used as a temporary classification for items that are deemed by BIS (in conjunction with the Departments of Defense and State) to warrant control, but are not yet identified in an existing ECCN.  This new temporary holding classification is in some ways similar to the U.S. Munitions List ("USML") Category XXI (Miscellaneous Articles).  It will be used for items that are preliminarily deemed to warrant control for foreign policy reasons, or because they provide a significant military or intelligence advantage to the United States.  It is expected to include items such as emerging technologies.  Classifications of ECCN 0Y521 will not be based on the

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