US amends EAR to conform with export controls agreed with NSG

The US Bureau of Industry and Security (‘BIS’) has published a final rule in the Federal Register to amend the Export Administration Regulations (‘EAR’), reflecting changes reached by the Nuclear Suppliers Group (NSG) in 2019 and 2022.

‘Consistent with U.S. commitments as a participating country in the NSG, this rule revises five existing Export Control Classification Numbers (ECCNs) under the Commerce Control List (CCL),’ said the BIS notice, published 18 August.

‘These changes protect U.S. nuclear nonproliferation interests, while aligning the EAR with the control text agreed to by participating governments (PGs),’ it added.

The notice explained, ‘NSG participating countries share a commitment to prevent nuclear proliferation and the development of nuclear-related weapons of mass destruction. In furtherance of that commitment, they have undertaken to impose export controls on the items listed in the Annexes to the NSG Guidelines. The NSG Guidelines and the Annexes thereto are designed to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons or related proliferation activities.’

https://www.govinfo.gov/content/pkg/FR-2023-08-18/pdf/2023-16750.pdf