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Archive for the ‘Export Control’ Category.

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 […]

Foreign National Visitors

Access by foreign national visitors to controlled product and technical data should be restricted by U.S. companies. When visitors are identified as foreign nationals at sign in access should be limited to areas of the company’s factory or facility where no export controlled technical data or product can be accessed. If this is not feasible […]

Visitor Log

While the method of how a company captures the information can vary, it is important that all companies with controlled products and technical data require all facility visitors to sign in  upon arrival and that a record of this sign in log is kept. Companies should evaluate visitors’ restrictions based on their citizenship (as well […]

Air Shows

If your company will be participating and exhibiting products at Air Shows (Farnborough Air Show, Dubai Air Show, Paris Air Show, etc.) it is important that any military/defense products, including parts/components, are not forwarded/exported or taken with company employees to the air show without required State Department or Commerce Department licensing authority or use of […]