Tel: (860) 651-8544

Archive for the ‘EAR Compliance’ Category.

Direct Product Rule

EAR §736.2 (b)(3) advises companies regarding the circumstances when non U.S. made products will require a Commerce license (called the “direct product rule”). For items that are not 600 series (or 9×515) and are not U.S. made, a license (or use of a license exception) will still be required to export abroad if the U.S. […]

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 […]

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 […]

Hong Kong Support Documentation Change

BIS published a rule on January 19th, 2017 amending the support documentation requirements for items being exported or re-exported to Hong Kong.  When the new rule goes into effect on April 19, companies exporting/re-exporting items to Hong Kong must obtain a copy of a valid import license prior to the export/reexport, if the item is […]

Decrementing BIS Licenses in AES

On July 28, AES began decrementing BIS licenses and notifying exporters. Exporters who report exports against a BIS license will get a series of Informational Messages through AES to assist them in keeping track of the remaining value of their license. These messages include notification when the value of the license has been exceeded/met by […]

Foreign National Licensing

If you have foreign national employees, it may be necessary to secure BIS or DDTC licensing for those employee to access controlled technical data and/or product.  Foreign national employees are employees who are neither U.S. citizens, lawful permanent residents (i.e. Green Card holder), nor an individual who is granted status as a “protected person” under 8 U.S.C. 1324b(a)(3). […]

EAR/ITAR Definitions Rules

On June 3rd, the State and Commerce Departments released final rules revising export related definitions in the EAR and ITAR.  Definitions of export and re-export were harmonized across the two sets of regulations to ease the burden on exporters.  Additionally, definitions of release and retransfer were added to the ITAR, the latter of which is […]

License Exceptions GBS and CIV

License Exception GBS (Shipments to Country Group B Countries) is applicable for an ECCN if NS is the only reason for control and if it is identified as GBS- YES in the “License Exception” section at the top of the ECCN. This license exception can only be used for the export of items to Country […]