People building and supplying the L-100 and LM-100J had a specific boundary to follow in State’s November 21, 2016 final rule: both aircraft were excluded from Munitions List Category VIII paragraph (a)(14). That paragraph describes aircraft with a roll-on/roll-off ramp, specified payload and range capabilities, and the ability to land on short or unimproved airfields. The exception concerns that provision, not every export control. [2016-27775]

Commerce’s companion rule treated the two aircraft differently. L-100s manufactured before 2013 were listed in entry 9A610.b. The LM-100J was expressly included in 9A610.a, the military-aircraft entry. Commerce described the LM-100J as a new design derived from the C-130J, with modern features common to both. A shared State exception therefore did not give the two models identical treatment. [2016-27777]

For workers and suppliers, this distinction puts the aircraft program behind a component into focus. Commerce explained that parts common to the C-130 and pre-2013 L-100 carried different reasons for control depending on which aircraft they would be installed in. National-security and regional-stability reasons applied to the C-130 use in addition to anti-terrorism and United Nations embargo controls; only the latter two applied to that L-100 use. [2016-27775][2016-27777]

This November 27 weekend retrospective concerns the preceding Monday’s publications. Both rules specified December 31 effectiveness and belong to one coordinated policy chain. Their concrete supply-chain implication is that a component shared across these aircraft does not erase the distinction between its intended installations. The named aircraft exception did not waive that distinction or authorize an individual shipment. [2016-27775][2016-27777]

Source documents

  1. Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories VIII and XIXhttps://www.govinfo.gov/content/pkg/FR-2016-11-21/html/2016-27775.htm
  2. Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirementshttps://www.govinfo.gov/content/pkg/FR-2016-11-21/html/2016-27777.htm