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Who is a U.S. Person?

A U.S. person, in terms of export licensing, is any U.S. citizen, lawful permanent resident (i.e. Green Card holder), or individual who is granted status as a “protected person” under 8 U.S.C. 1324 b(a)(3). It also includes dual-citizens of the U.S. and another country. Foreign Nationals are non-U.S. persons (including those with work authorizations). Additionally, […]

Pratt Canada Debarment Rescinded

As of July 12, 2017, Pratt & Whitney Canada’s 2012 statutory debarment  was rescinded. Statutory debarments may be rescinded following a comprehensive review of the circumstances that led to the debarment and efforts that have been made by the company to address any outstanding concerns of government agencies. The State Department found PWC’s efforts to be […]

Agreement Amendment Requirements for USML Category XI and XV

November 10, 2017 will mark three years from the effective date of the Export Control Reform transition of USML Category XV and December 30, 2017 will mark three years from the effective date of the Export Control Reform transition of USML Category XI. It is vital that all agreements including items that have transitioned to the EAR be amended, or alternative licensing […]

Drop-shipping

A common situation that U.S. companies may find themselves in is selling and shipping to a U.S. company, and then being asked to ship directly to a foreign company. This practice, known as drop-shipping, turns the U.S. company into an exporter and with it all the responsibilities of being the U.S. Principal Party in Interest […]

ITAR Canadian Exemption Provision

Prior to utilizing the ITAR Canadian exemption provision to export hardware and technical data related to defense services, exporters must receive a certification that ensures that the end use of the item is allowed under the exemption provision. Additionally, the certification should limit delivery/end use of the defense article being produced directly to an identified […]

Implementing Export Compliance Policies and Procedures

Once your company drafts (or revises) Export Compliance Policies and Procedures, you must ensure you take steps to implement these documents properly and that your company is fully compliant with the procedures outlined in them. Prior to finalizing the Policies and Procedures, companies should ensure there is no conflict between their practices and their written […]

CJs and CCATS

In instances where there is a question as to the classification or jurisdiction following the exporter’s self-classification, it is recommended that a State Department Commodity Jurisdiction (CJ) and/or a Commerce Department Classification Request (CCATS) be obtained for the items to be exported. Both classification submissions will allow for the confirmation of jurisdiction/classification, and thus allow […]

Classification/Jurisdiction of US Origin Items By a Foreign Entity

In certain cases, a foreign entity (i.e. foreign consignee, end user, etc.) may make a self-determination regarding the classification/jurisdiction of an item, including reclassifications based on Export Control Reform. If the U.S. exporter or manufacturer does not provide the foreign party with the classification, the foreign party is responsible for determining if the item is […]

Restricted Parties Screening

A key component to every company’s export compliance program should be screening of the U.S. government export sanctioned lists prior to shipment. Companies may choose to screen the lists prior to accepting an order, but that does not negate their responsibility to screen prior to shipment as well as parties may have been added after […]

Temporary Exports to a U.S. Person’s Foreign Subsidiary, Affiliate, or Facility Abroad (License Exception TMP)

BIS License Exception TMP [§740.9 (a)(10)] allows for the temporary export of items to a U.S. company’s foreign subsidiary, facility, or affiliate.  This license exception can be utilized for parts, components, accessories, test equipment, or tools to be sent from the U.S. company to their foreign affiliate/subsidiary/facility to be used to manufacture, assemble, test, produce […]