REVISION TO LICENSE TYPE C33 No License Required (NLR) to reflect “600 series” items are eligible for this license type when exported to Australia and the United Kingdom
May 1, 2024
On Friday, April 19, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule (IFR) (Export Control Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced Trilateral Security Partnership) (https://www.federalregister.gov/documents/2024/04/19/2024-08446/export-control-revisions-for-australia-united-kingdom-united-states-aukus-enhanced-trilateral) with an effective date of April 19, 2024. This IFR effectively treats Australia and the United Kingdom the way Canada is treated under the Export Administrations Regulations (EAR), 15 C.F.R. parts 730 - 774.
Specifically, BIS has removed license requirements for national security column 1 (NS1), regional stability column 1 (RS1), and missile technology column 1 (MT1) reasons for control for the destinations of Australia and the UK. To reflect this change, the Xs were removed from the Country Chart (supplement no. 1 to part 738) for NS1, RS1, and MT1 for Australia and the UK. Provisions in part 742 of the EAR that specify the license requirements for NS, MT, and RS reasons (§§742.4(a), .5(a), and .6(a), respectively) were also revised to fully remove the license requirements for Australia and the UK.
With these changes, “600 series” items, which are generally items on the Wassenaar Arrangement Munitions List, no longer require a license to Australia or the UK and can now be shipped under the license type NLR (C33). In addition, items controlled under the EAR for missile technology reasons consistent with the MTCR Annex also no longer require a license to Australia or the UK. Finally, except for those items requiring a license to all destinations worldwide pursuant to § 742.6(a)(9), many 9x515 satellite-related items will no longer require a license to Australia or the UK.
BIS also maintains a special RS Column 1 license requirement in § 742.6(a)(3) applicable to military commodities described under ECCN 0A919, which no longer require licenses when destined to Australia and the UK.
BIS removed military end-use and end-user-based license requirements for exports, reexports, and transfers (in-country) of certain cameras, systems, or related components detailed under § 744.9(a)(1)(i) and (a)(1)(iii) of the EAR.
Finally, BIS is revising its treatment of significant items (SI) (i.e., hot section technology for the development, production or overhaul of commercial aircraft engines, components, and systems) controlled under ECCN 9E003.a.1 through a.6, a.8, .h, .i, and .l, and related controls to allow these items to be exported, reexported, or transferred (in-country) to or within Australia and the UK without a license, consistent with the current exception for Canada. This provision is in § 742.14(a).
As a result of these actions, the following changes will be made to the AES in order for exporters and authorized agents to successfully report electronic export information in the AES.
Revision to existing License Code C33 No License Required (NLR)
An update has been made to AES to revise existing License Code C33 “No License Required” (NLR), which is used under the EAR for items not subject to a license requirement.
Prior to April 19, 2024, C33 specified that NLR shipments of 600-series and 9x515 ECCNs (except .y paragraph) can be shipped only to Canada. Because 600-series and 9x515 ECCNs (except .y paragraph) can also now be shipped NLR to Australia and the United Kingdom as of April 19, 2024, an update has been made to AES to reflect that NLR shipments of 600-series and 9x515 ECCNs (except .y paragraph) can be shipped only to Australia, Canada, and the United Kingdom.
A complete list of all of the AES License Codes and reporting instructions for these types can be found at https://www.cbp.gov/document/guidance/aestir-appendix-f-license-and-license-exemption-type-codes
For questions regarding these AES changes, please contact the Bureau of Industry and Security at one of the phone numbers below.
Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811
Office of Technology Evaluation (located in Washington, DC): (202) 482-4933
Western Regional Office (located in Irvine, CA) (949) 660–0144
Northern California branch (located in San Jose, CA) (408) 998-8806
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