Question: Our question deals with two sections of 15 CFR that seem to be somewhat at odds with one another. We recently acquired a company that has a manufacturing plant in Mexico. Empty ocean containers are loaded and sealed in Mexico, and are moved in bond directly to the port of LA for export. Per […]
Question: Hello! I am considering implementing a “EAR technology license” to facilitate technical exchanges between our US and European affiliates. These two entities collaborate closely and would greatly benefit from a structured framework that allows them to exchange emails, documents, and discuss EAR controlled technology seamlessly. I wanted to reach out to see if other […]
Question: Q1. Company A (located in the US) buys, from a foreign supplier/manufacturer, an item that has the performance characteristics described by an ECCN on the Commerce Control List. The foreign origin item is now in the US, and company A wishes to send it back to the foreign supplier. Assuming the ECCN requires license […]
Question: Does regular old Microsoft Office 365 / Outlook provide “end to end encryption” of emails sent (no special, upgraded O365 version, i.e. Fedramp, GCC High etc.?). The EAR and ITAR state that email/data in transit is not an export if encrypted end to end. I.e. if you are emailing something to somebody in the […]
Question: Would you consider retiring your Technology Control Plan if you are no longer manufacturing EAR and ITAR controlled material? All products are currently EAR99 and in few cases (less than 1%) we import material that is export-controlled by the EAR. Answer 1: In my view there is no obligation or responsibility to initiate or […]
Question: The ITAR has a mandatory VD requirement for 126.1 countries (126.1(e)(2)). Does the EAR have any such requirement for country group D;5? Answer 1: Yes, the Export Administration Regulations (EAR) do have a similar requirement for countries in Country Group D:5. Specifically, the EAR mandates a “destination control statement” on export documents for certain […]
Question: Is there any OFFICIAL information from BIS about a list of countries that are of diversion/transshipment concern? I’m not asking for opinions on what countries may be on such a list, but rather if such a list exists today. Back in 2003 they published the TECI (Transshipment Country Export Control Initiative) and named Cyprus, […]
Question: How does your company handle marking of intangibles like drawings, tech specs, and so on? Do you mark every single document, only drawings, only documents containing technology or tech data subject to export licensing, other? Do you use a standard template verbiage for all or is each one individually defined including the USML category […]
Question: Have a UK origin product made at one of our factories in the UK that was sold to a customer in France . It needs to be returned for repair but we shut down the UK service center, however, we have a US repair station. Looking at ECCN 9A991.d (NLR_AT) it would not require […]
Question: The military end user (MEU) list published in supplement 7 is explained to be a comprehensive listing of MEUS ***NOT LOCATED IN THE SUBJECT COUNTRIES*** (China, Venezuela, Cambodia, Burma). But the list itself contains solely companies with addresses/located IN CHINA. I was expecting to see Chinese companies locations IN OTHER COUNTRIES (e.g. AVIC xxxxx […]
Question: Please note: This question went out earlier with a broken answer link, it should be working as expected now. Thanks – ICPA Team Having some trouble understanding the special requirements for De Minimis under 15 CFR 734.4(b) and (c). We have equipment controlled under 5A002.a, which has been authorized for License Exception ENC by […]
QUESTION: We are a drilling company that needs to export a ROLLER BEARING to be used in a 207 AIR HOIST. According to the Commerce Control List, this item requires a license because the MT restrictions (Missile Tech). Is there an license exception that I can use to move this item? ========== Answer: There are […]
