[Page 2] SPIE: Final Export Control rules on optic and photonic technologies a positive step forward

Editor's note: This article is continued from page one.

A subsequent interim proposed rule was seen by many, including SPIE, as a vast improvement from the initial May 2015 proposal.

"The interim rule utilized the 'specially designed' criterion in many areas, which was a request from industry and SPIE. The 'specially designed' criterion, which is a formal review process finalized in 2012, helps ensure that dual-use technologies are not considered munitions items," explained Jennifer Douris, Government Affairs Director for SPIE.

The final rule for Category XII retains this approach of utilizing the “specially design” criterion to describe many technologies where performance parameters could not be found or agreed upon that are unique to military items. Along with the release of these rules, it was announced that the administration also has plans to release a Notice of Inquiry (NOI) via the Federal Register in the coming months, which aims to seek public opinion on whether some performance parameters should be inserted back into Category XII where “specially designed” is used in the final rule.

Jim McNally, chair of the SPIE committee on Engineering, Science, and Technology Policy and Vice President for Strategic Development at Applied Technology Associates, comments.

"It is disappointing that some within the agencies are once again requiring the public to respond to a federal register comment period in order to make clear that performance parameters do not work for some of the technologies listed in Category XII. This approach of performance parameters was soundly rebuked by industry during the comment period to the first proposed rule in favor of a ‘specially designed’ approach for certain technologies," he said.

He continued, "Even if the proposed parameters do not directly capture dual-use technologies currently in production, unless parameters are clearly unique to the military, growth in that technology area is artificially capped for U.S. industry. In order to prevent this NOI from turning into a more formal proposed rule next year, once again SPIE will be asking companies and universities to respond to the federal register notice when it is released in order to ensure that the Category XII final rule released today stands as written in the coming year."

View the SPIE press release.
View the Category XII USML rule.
View the Category VI CCL rule.

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