[From the Fact Sheet] : “Executive Order 11958 delegated authority to control exports of defense articles and services to the Secretary of State and delegated the comparable authority to control imports to the Secretary of the Treasury. The Department of State controls the export of defense articles and services on its U.S. Munitions List (USML); the Department of Justice controls their import pursuant to the U.S. Munitions Import List (USMIL) administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The USMIL was previously a subset of State’s USML. The most recent comprehensive delegation of these authorities was in Executive Order 11958 of January 18, 1977. The President’s new Executive Order updates delegated authorities consistent with the upcoming changes to our export control lists. It supersedes and replaces Executive Order 11958 and amends Executive Order 13222 of August 17, 2001, that pertains to the Department of Commerce-administered controls. The new Executive Order makes the following changes: 1. Consolidation of All Brokering Responsibilities with the Department of State …. 2. Elimination of Possible “Double Licensing” Requirements …. 3. Congressional Notification Process …. Other Administrative Updates …. The cornerstone of the President’s Export Control Reform Initiative is the rebuilding of the two primary export controls lists, State’s USML and the Department of Commerce’s Commerce Control List (CCL) which primarily controls dual-use items, i.e., commercial items with possible military applications, and some military items of lesser sensitivity. By law, everything on the USML is controlled equally, whether an F-18 fighter or a bolt that has been modified for use on that F-18, and each of these items requires an individual license. This system has created significant obstacles and delays in providing equipment to Allies and partners for interoperability with U.S. forces in places like Afghanistan, and harms the health and competitiveness of the U.S. industrial base. Rebuilding our export control lists and moving less sensitive items from the State to the Commerce list will provide us the flexibility to more efficiently equip and maintain our partner’s capabilities while allowing us to focus on preventing potential adversaries from acquiring military items that they could use against us.”

78 FR 16127-32
Published 03-13-2013