AES changes due to new export control reform initiative

The Bureau of Industry and Security put out new rules effective December 30, 2014.  Certain military electronics, certain superconducting and cryogenic equipment, and related items were taken off the United States Munitions List (USML) and instead put on the Commerce Control List (CCL).

What this means for filing in the Automated Export System (AES):

ECCNs 3A611, 3B611, 3D611, 3E611, 9A620, 9B620, 9D620, and 9E620 will be added to the Export Control Classification Number (ECCN) “600 series” reference tables.  If you use any of the license exceptions or special comprehensive license type codes, you are certifying that the terms, provisions, and conditions described in the Export Administration Regulations (EAR) have been met.

AES License Type Codes Edits and Validations

  • C30 (BIS license), C31 (BIS Special Comprehensive License), C40 (TMP), C41 (RPL), C42 (GOV), and C59 (STA): All “600 series” ECCNs are eligible as permitted under parts 740 and 752 of the export administration regulations (EAR) and the CCL.
  • C32 (NLR with a reason for control other than or in addition to AT): All “600 series” ECCNs created under this final rule are eligible if exported to Canada. Some of these were previously authorized under an International Traffic in Arms Regulations (ITAR) Canadian exemption (SCA).
  • C35 (LVS): eligible ECCNs are 3A611, 3B611, 9A620, and 9B620.
  • C44 (TSU): ECCNs eligible under part 740 of the EAR are 3D611, 3E611, 9D620, and 9E620.
  • C60 (DY6): ECCNs eligible under part 740 of the EAR are 3A611, 3D611, and 3E611.

If the “600 series” ECCNs are reported under any other AES license type code, AES will generate a fatal error 666 “ECCN MUST BE FROM APPROVED LIST”.

With the exception of “600 series” .y paragraph exports under AES license type code C60, an AES filing is required for exports of items classified under “600 series” ECCNs, regardless of the value of the item or destination.

A complete list of all of the AES License Type codes and reporting instructions for these types can be found here.

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