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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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). […]

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 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 […]

On October 15, 2013, many items previously under the jurisdiction of USML Category VIII were moved to the jurisdiction of the EAR. In light of this transitional period, a two year window was designated to allow companies with transitioned items to secure BIS licensing. On October 15, 2015, previously issued State Department licenses will no […]