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What are U.S. Export Controls? otherwise known as The United States Government has a set of regulations controlling the export of sensitive technologies and products, with the aim of keeping such products, services and technical data out of the hands of those who would use it against the US. ALL products, services and technologies leaving the US are covered under export control regulations. You have to decide which one(s) apply to your situation. To determine whether you need a license for a shipment, you need to first know which agency oversees the regulations for your product, service or technology. For a list of acronyms often associated with export controls, please click here. Office of Foreign Assets Control (OFAC) - resides within the US Treasury Department and administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC restrictions apply to EVERY product, service or technology. OFAC administers the list of embargoed countries, the list of entities not allowed to receive shipments, services or technology from any US company and the like. Bureau of Industry and Security (BIS) – resides within the US Department of Commerce and has the mission of advancing U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. Any US entity that manufactures, exports, sells or brokers sales of articles and services on the USML is required to register with DDTC on an annual basis. There is a registration fee and it can change depending on the number of license requests on an annual basis. If a license is required, you can submit an application online through their DTrade2 system (once you have registered). To determine if any of your products, services or technology is subject to ITAR controls, click here. There are a couple other agencies with a more limited responsibility for export and import controls for a limited set of products, services and technologies: Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE)- resides within the Justice Department and handles imports of items on the US Munitions Import List and exports of firearms and explosives. Nuclear Regulatory Commission (NRC) – agency with responsibility for administering import and export controls for nuclear-related materials and equipment.
Great question. If you aren’t sure, start with this question: Is or has my product, service or technology been modified, adjusted, “spec’d” to any degree or designed for the purposes and uses of any military? If yes, start with the ITAR (administered by the DDTC). If no, start with the EAR (administered by the BIS). If after reviewing both the EAR and ITAR you still aren’t sure which has jurisdiction, consider requesting a Commodity Jurisdiction Request.
Both the BIS and DDTC have telephone hotlines you can call with questions about licensing requirements, completing any of their forms, etc.
A Destination Control Statement is required for all products being exported out of the US. These statements should be printed on the commercial invoice, packing list and bill of lading: "These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited."
“These commodities are authorized by the U.S. Government for export only to [insert country of ultimate destination], for use by [insert end-user]. They may not be transferred, transshipped on a non-continuous voyage or be otherwise disposed of in any other country, either in their original form or after being incorporated into other end items, without the prior written approval of the U.S. Department of State.” If you decide to self determine an ECCN, please consider the following: |
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