SPIE: Final Export Control rules on optic and photonic technologies a positive step forward

Final rules published in the October 12 U.S. Federal Register that cover a wide range of keyoptics and photonics areas represent an improvement, according leaders of SPIE, the international society for optics and photonics.

The rewrite of Category XII of the US Munitions List (USML) is part of the overarching Export Control Reform (ECR) initiative undertaken by the Administration, according to SPIE.

"These final rules are a positive step forward for the U.S export control system," said SPIE CEO Eugene Arthurs. "The changes will help enhance international commerce in optics and photonics, and will assist research universities trying to provide educational opportunities for both U.S.- and foreign-born students."

In a 2015 article, we provided information on how Category XII covers many of the optics and photonics commodities and components controlled under International Traffic in Arms Regulations (ITAR). The proposed rule (at the time), describes "how articles the President determines no longer warrant control under Category XII of the USML of ITAR would be controlled under the Commerce Control List (CCL) by creating new “600 series” Export Control Classification Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items."

In addition, for certain night vision items currently subject to the Export Administration Regulations (EAR), this rule proposes to expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to night vision items. This proposed rule would also expand the scope of end-use restrictions on certain exports and reexports of certain cameras, systems, or equipment and expand the scope of military commodities described in ECCN 0A919.

Eugene Arthurs, SPIE CEO noted in a press release that the industry has been described as fragmented because of its many small- and medium-sized enterprises with unique expertise serving niches that are extraordinarily deep from a technical standpoint.

"The overhead burden for export control compliance is a challenge to these businesses, and to university research laboratories where covered products are used or developed. Well-written regulations, that are limited to our highest priorities for control, are key to reducing that burden."

With these rules, Arthurs said that, while there is still work to be done, SPIE is pleased.

"SPIE is very pleased with the direction taken in these final rules for Category XII of the US Munitions List (USML) and Category VI of the Commerce Control List (CCL). We will continue to be involved as a society to build on this success on behalf of the companies and universities we represent."

Last year when these rules were released, SPIE, along with many others in the photonics and optics industry, had great concerns with the direction of the proposal, as well as the long-term negative impact on the industry as a whole. In the largest response to proposed new rules in any one category in the ECR process, 120 companies, associations, and universities submitted statements to the Department of State detailing why that proposal was a step back in efforts to reform the system in a positive way, according to SPIE.

Page 1 |Page 2