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Archive for the ‘Export Control’ Category.

De Minimis

For items under the U.S. Commerce Department jurisdiction, the EAR has a set of rules for determining if a foreign made commodity/software/technology incorporates enough U.S. origin controlled content to still be under EAR jurisdiction. For a non- 600 series/9×515/”see through carve out” (see below) item going to Country Group E:1 and for items classified as […]

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. […]

DOD – Military Critical Technical Data- Joint Certification Program (JCP)

For a U.S. company to be permitted access to U.S. Department of Defense (DOD) or Canadian Department of National Defense (DND) technical data that has been qualified as Military Critical Technology Data, the company must be certified (registered) under the Joint Certification Program of DOD or DND. The U.S. company’s certification is completed with DOD […]

Revocation of Certain Sanction Regarding Sudan

Effective October 12, 2017, the Office of Foreign Assets Control is revoking many of the sanctions on Sudan.  Sudan, however, continues be included on OFAC’s and BIS’s lists as a State Sponsor of Terrorism (SST) and applicable restrictions pertain. With the revocation of existing OFAC sanctions exports to Sudan are permissible for export by use […]

The Entity List

A key component to a company’s export compliance program should be screening of the U.S. government export sanctioned lists prior to shipment. Lists that should be screened include: Denied Persons List (EAR), Entity List (EAR), Unverified List (EAR), Debarment List (ITAR), Sanctioned Parties List (ITAR), Nonproliferation Sanctions List (ITAR), and Specially Designated Nationals (OFAC).   […]

Pratt Canada Debarment Rescinded

As of July 12, 2017, Pratt & Whitney Canada’s 2012 statutory debarment  was rescinded. Statutory debarments may be rescinded following a comprehensive review of the circumstances that led to the debarment and efforts that have been made by the company to address any outstanding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