In a final rule published in the Friday, January 23rd edition of the Federal Register, the Bureau of Industry and Security announced that effective immediately, most exports to India would no longer be subject to Crime Control (column 1 and 3) or Regional Stability (Column 2) export controls. The deregulation initiative comes as part of the Obama Administration’s bilateral understanding with India that was implemented in November 2010. The deregulation comes after India has shown the U.S. government that it has taken appropriate measures to ensure that specific U.S. origin items controlled for Crime Control and Regional stability will not be re-exported from India without a license. A license requirement remains for items falling under ECCN 6A003.b.4.b and 9A515.e for Regional Stability column 2 reasons when exported to India.

For all items falling under ECCNs for which Crime Control Column 1 or 3 or Regional Stability column 2 are listed as reasons for control in the ECCN description and which are destined to India, the following information must be printed on the invoice, bill of lading, air waybill or other export control document that accompanies the shipment from its point of origin in the United States to the ultimate consignee or end user in India: “These items are classified under Export Control Classification Number (ECCNs)_____________ and destined to India. Authorization for re-export from India may be required from the U.S. Department of Commerce.”

Please contact our office for more information on compliance with the EAR when exporting crime control and regional stability controlled items to India.