Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to the Commerce Control List and Reporting Under the Wassenaar Arrangement

Representatives of thirty-three countries gave final approval July 12-13, 1996 in Vienna, Austria to establish the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The thirty-three countries agreed to control all items in the List of Dual-Use Goods and Technologies with the objective of preventing unauthorized transfers. They further agreed on a target date of November 1, 1996, for implementation of the Wassenaar Lists. The purpose of this interim rule is to make the changes to the Commerce Control List necessary to implement the Wassenaar List. In addition, this interim rule imposes new reporting requirements on persons that export certain items controlled under the Wassenaar Arrangement to non-member countries in order to fulfill the information exchange requirements of the Wassenaar Arrangement. The Department of Commerce, with other concerned agencies, is reviewing the Export Administration Regulations to determine whether further changes will be required to implement the information sharing provisions of the Wassenaar Arrangement and to make the necessary adjustments to existing country groups. This rule also revises part 740 of the EAR by removing License Exception availability for certain items controlled for missile technology reasons. Although the Export Administration Act (EAA) expired on August 20, 1994, the President invoked the International Emergency Economic Powers Act and continued in effect, to the extent permitted by law, the provisions of the EAA and the EAR in Executive Order 12924 of August 19, 1994, as extended by the President's notices of August 15, 1995, August 14, 1996 and August 15, 1997.