Revisions to Definitions in the Export Administration Regulations

This proposed rule is part of the Administration's Export Control Reform Initiative. The Initiative will enhance U.S. national and economic security, facilitate compliance with export controls, update the controls, and reduce unnecessary regulatory burdens on U.S. exporters. As part of this effort, this rulemaking proposes revisions to the Export Administration Regulations (EAR) to include the definitions of ``technology,'' ``required,'' ``peculiarly responsible,'' ``proscribed person,'' ``published,'' results of ``fundamental research,'' ``export,'' ``reexport,'' ``release,'' ``transfer,'' and ``transfer (in-country)'' to enhance clarity and consistency with terms also found on the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC). This rulemaking also proposes amendments to the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software. DDTC is concurrently publishing comparable proposed amendments to the ITAR's definitions of ``technical data,'' ``required,'' ``peculiarly responsible,'' ``public domain,'' results of ``fundamental research,'' ``export,'' ``reexport,'' ``release,'' and ``retransfer'' for the same reasons. Finally, this rulemaking proposes conforming changes to related provisions.