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Archive for the ‘Export Control’ Category.

South Sudan Sanctions

On February 2, 2018, the State Department announced they will be executing limitations on the export of defense articles and services to South Sudan. This announcement is in response to the worsening humanitarian crises in South Sudan, with killings of aid workers on the rise, in addition to a worsening famine and refugee crises.  The State Department […]

Annual Reports of Sale

Annual Reports of Sale are required to be submitted to DDTC for Warehouse and Distribution Agreements and Manufacturing License Agreements. These report should only include what was manufactured (MLA) or distributed (WDA) from the foreign party, not what was exported to the foreign party from the U.S. party. Only actual transfers of hardware by the […]

JCPOA Statement Issued

On January 12, 2018, the Trump Administration released a statement regarding JCPOA, the international agreement regarding limiting Iran’s nuclear capabilities. While not pulling the US out of the agreement at this time, it outlined required changes that must be made in a supplemental agreement for the US to remain a party to JCPOA. This includes […]

Traveling with Technical Data

Prior to international travel, all employees should be made aware of the limitations of what technical data can be brought with them and what can be shared with foreign persons. To make transit smoother, it is recommended that all employees traveling internationally carry an export statement letter on their person, in case they are stopped […]

Red Flags

  BIS cautions regarding certain scenarios that require an extra layer of due diligence on the part of an exporter during an export transaction when determining whether to enter into the transaction. This list is not exhaustive, but is meant to illustrate certain times when the exporter cannot rely solely on the information provided by […]

DDTC agreements

In addition to issuing export licenses, U.S. State Department’s DDTC also reviews and approves agreements between U.S. companies and foreign companies that involve the transfer of technical data and/or distribution rights of hardware.  Agreements in themselves do not authorize hardware exports but exports of hardware can be covered in the scope of the agreement and […]

Cote d’Ivoire Sanctions Removed

On November 13, 2017, OFAC removed the Cote d’Ivoire Sanctions Regulations from the Federal Register. This was a product of the termination of the national emergency by President Obama in September 2016. A national emergency had been declared in regards to Cote d’Ivoire in February 2006, and the sanction program for the country was implemented […]

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 […]