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Archive for the ‘Export Control’ Category.

Pratt Canada Debarment Rescinded

As of July 12, 2017, Pratt & Whitney Canada’s 2012 statutory debarment  was rescinded. Statutory debarments may be rescinded following a comprehensive review of the circumstances that led to the debarment and efforts that have been made by the company to address any outstanding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

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 […]

U.S. Commerce Department New Requirements for Exports to Hong Kong

As of April 19th,  companies exporting/re-exporting U.S. Commerce Department controlled items to Hong Kong must obtain a copy of a valid Hong Kong import license prior to the export/re-export, if the export of the item is controlled for one of the following reasons: national security (NS), missile technology (MT), nuclear proliferation (NP column 1), or […]

Material Changes to Registration

If there is a material change to information submitted as part of your State Department registration application (on your DS-2032), you are required to submit the proper notification to DDTC. Material changes include changes in subsidiaries/affiliates, changes in senior officers, or change in address of the company (note: this list is not exhaustive). DDTC must […]

Recordkeeping

Records regarding all export transactions should be kept for a period of five years. The five year period begins with either the expiration of the license, if the shipment was made against a license, or the date of the transaction, if shipped against a license exception/exemption or NLR. Documents that should be maintained include the […]

TSU

If you export sales technology as part of your bidding/quoting process, you may be able to utilize the Commerce Department’s Export Administration Regulations’ license exception “Technology and Software Unrestricted (TSU)”. License Exception TSU [§740.13(b)] allows for the export of Commerce jurisdiction technology that is typically part of a quote/bid/offer, per customary business practice. This technology […]

O Canada! (The Blog Edition)

Exporting to Canada can most often done without having to first apply for a license. For products and technical data under the jurisdiction of the State Department, the Canadian exemption provision (22 CFR 126.5) can usually be utilized.  22CFR 126.5(b)(1) should be reviewed by exporters prior to using the Canadian exemption provision as it lists […]