By: Anna Barone

The Export Administration Regulations (EAR) have been revised by the BIS to implement changes made to the Wassenaar Arrangement’s List of Dual Use Goods and Technologies, maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies at the December 2009 WA Plenary Meeting.

The changes specifically pertain to:
·    Raising the Adjusted Peak Performance (APP) for digital computers in ECCN 4A003.
·    Revising License Exception APP, the de minimis rule, and post shipment verification reporting requirements in the EAR.
·    The movement of Albania and Croatia from Computer Tier 3 to Computer Tier 1 in the section of the EAR dedicated to export control requirements for high performance computers.

Countries listed in Tier 1 are allied countries or countries that do not pose a national security, nuclear or missile threat to the United States. Tier 3 Countries are all other countries with the exception of the terrorist supporting countries listed in Country Group E:1 of Supplement No. 1 to part 740.

More information on the Wassenaar Arrangement: http://www.wassenaar.org/

More general information: http://www.gpo.gov/fdsys/pkg/FR-2011-06-24/html/2011-15842.htm