Fuente states Draft Guidance is, technically, not yet in effect
That's not the key issue - the key issue that even if the draft was in effect, it would not apply to BIEL. But to answer your question, it is not 'technically' in draft...it is 'actually' in draft.
The first page of the the document, at the top - 'Draft - not for implementation'.
There is a schedule for when it will become an actual guidance.
Comments to draft FDA document requested by 10/25/16
If the comment period for this draft guidance on Real-World Evidence is open until Oct 25, 2016, then the odds of the final guidance going into effect before the end of 2016 are quite low: