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License Exception RPL: A Brief Overview

License Exception RPL (Servicing and Replacement of Parts)-EAR Part 740.10- authorizes items under EAR jurisdiction to be exported and reexported, as needed, for the one-for-one replacement of parts, components, accessories, and attachments. To utilize RPL, the items must have been lawfully exported and the original licensing authority must be confirmed by the exporter.  Additionally, the […]

Canadian Exemption Provision: An Overview

The Canadian Exemption Provision (22 CFR 126.5) is a State Department exemption for the export without a license for items whose end use is in Canada or the United States. To utilize this exemption, items must be covered under the ITAR, Canadian parties must be registered with the Canadian Controlled Goods (CCG) Registration Program, and […]

Category VIII Transition Period Ending

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 […]

Special Comprehensive Licenses (SCL) Removed from EAR

On August 26th, the EAR was amended to remove Special Comprehensive Licenses (SCL) effective September 25, 2015. The major reason for this change was that BIS officials believed that SCLs were no longer necessary in light of Export Control Reform.  It had been concluded that individual licenses would offer exporters substantially the same benefits than […]

ITAR Amendment- Clarifying registration/licensing requirements for U.S. persons with foreign employer

The comment period recently closed for a proposed ITAR amendment that would clarify registration and licensing requirements for U.S. persons providing defense services on behalf of their foreign employer. The purpose of this clarification by the DDTC is to establish when U.S. persons are covered by licenses previously acquired by their foreign employer and if […]

Iran- Limited Sanctions Relief

A Joint Comprehensive Point of Action (JCPOA) was reached on July 14 by the P5 +1 countries and Iran.  The JCPOA will allow Iran sanction relief once it has met its responsibilities under the proposed treaty for “key nuclear commitments”.  At this time, the US will be providing sanction relief by easing secondary sanctions (i.e. […]

License Exception GOV: Overview

License Exception GOV (§740.11) authorizes exports, re-exports, and in- country transfer of eligible items to U.S. government persons and agencies, agencies of “cooperating governments”, and international inspections under the International Space Station and the Chemical Weapons Convention.   To be eligible for use of license exception GOV, the items must either be for the personal use […]

Cuba: AT Restrictions removed

On July 22nd, the Commerce Department published a rule implementing the May 29th decision to remove Cuba from the State Sponsor of Terrorism list. While Cuba is still subject to a statutory embargo, it is no longer subject to anti-terrorism (AT) level of controls. Due to the statutory embargo all items under the jurisdiction of […]

Export Control Reform: Update and Recap

Export Control Reform: Update and Recap   Over the last 20 months, the State and Commerce Departments have published final rules for the transition of 15 categories.  Additionally, 3 more have had proposed rules published that are expected to be published in the final form in the coming months.  A few especially pertinent transition dates […]

Temporary Change to ITAR USML Category XI

On July 2nd, the State Department announced a temporary change in ITAR USML Category XI.  Due to confusing language prior to the change, some exporters did not realize that certain intelligence analytics software remained under the jurisdiction of ITAR USML Category XI. To end this confusion, a temporary revision to Category XI(b) was enacted on […]