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Harmonization of Destination Control Statement

On August 17, the State and Commerce Departments issued notices finalizing the harmonization of the destination control statement between the two departments that will go into effect on November 15. At the present time, the Commerce and the State Department both require Destination Control Statements to be printed on various export documents, but the text is slightly different, causing confusion for those making mixed shipments (State and Commerce controlled items). Following implementation of this revision, the destination control statement will only be required on commercial invoices (not bill of lading, air waybill, etc. that is currently required). Items classified as EAR99 or exported under license exception BAG or GFT will continue to not require a Destination Control Statement.

 

The statement to be used is “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified.  They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations”.  Additionally, the exporter must provide the ECCNs for any 9×515 or “600 series” item being shipped with the Destination Control Statement. For items under the jurisdiction of the State Department, the country of ultimate destination, end user, and license number/license exemption must also be included with the Destination Control Statement.

 

Please contact us should you have any questions on implementing these changes internally or incorporating them into your Policies and Procedures.

 

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