QUESTION: I recently submitted a license application to BIS for several 9A991.d parts that would be exported to China. The application included the technical drawings, which are build-to-print. BIS RWA’d the license application stating, “This application is returned without action (RWA), no license is required for this export. Based on the information provided with this […]
QUESTION: Is a citizen of the U.S. who is working outside of the U.S., as an employee of a non-U.S. company that is not at all owned by a U.S. company, considered a U.S. Person for purposes of the EAR? Suppose this U.S. citizen is living in the EU, working in the shipping department of […]
OT Fact Sheet: Origin Certification Requirements QUESTION: BIS stopped by today, stating that they were in the area. This is totally out of character as our products are EAR99. Is it the opinion of the membership that this was in fact just a casual meeting, or, is there more to come on this and we […]
OT Fact Sheet: Origin Certification Requirements QUESTION: I was just considering software on the EAR CCL and it seems that virtually ALL software ECCNS in ALL categories are “99” ECCNs, meaning unilateral US controls and subject to AT only (e.g.1D990, 2D994, 5D997, 6D992 etc.). I went through every category and all software entries are 99/AT […]
QUESTION: 15CFR§744.21g definition of a military end user includes: any person or entity whose actions or functions are intended to support ‘military end uses’ as defined in paragraph (f) of this section Now that the DOD has published and expanded their list of Chinese military end users, any opinions on how this affects EAR744.21g? Are/will […]
QUESTION: Would all controlled technology under the EAR also be considered Control Unclassified Information (CUI)? ============ Answers: yes ============ Those two classifications are not related. You have to look at the item(s) on an individual basis. ============ Seems like EAR-controlled technology should be CUI. I do not know of a carve-out for EAR99 technology. But […]
QUESTION: Looking for clarification on a particular ECCN entry We are manufacturer of electrical testing equipment and our engineers are in the process of reviewing the Commerce Control List for ECCN determination The question I have is on ECCN 3A992 General Purpose Electronic Equipment not Controlled by 3A002 3A992.A is very vague and calls for […]
QUESTION: With the new changes to the EAR – revising § 758.1 of the EAR, regarding shipments to China, Russia and Venezuela, does anyone have a pre-existing statement to have their clients sign with regards to their involvement with the Military of a given country? We utilize BIS 711 for our export shipments, but this […]
QUESTION: I’d like to ask the membership about the notice in the Federal Register for the expansion of export, reexport and transfer (in-country) controls for military end use or military end users in China, Russia or Venezuela that will go into effect June 29th. We were advised by our forwarder that any shipment going to […]
QUESTION: We would like to get the membership’s feedback on the EAR’s record retention policy of 5 years. Per § 762.6 records must be kept for 5 years from the latest of the following times…”Any known reexport…” What should a U.S. company’s record retention policy be if the U.S. company knows a distributor in another […]
QUESTION: I have an export control related question to ICPA members. We are a US based company for oil/gas construction equipment which are classified as EAR99 items. Our sales office in Dubai, UAE tries to sell products to a Lebanese company in Iraq. Lebanon is a US sanctioned country with no military equipment, nuclear and […]
QUESTION: What are others currently seeing for DOD DSP-5 license processing times? Despite many previous DOD licenses for same item/users without any problems, RSAT has had our DSP-5 for 6 weeks. The DOD Analyst has no info/explanation. ************* Answers: Sadly this is normal, and if you’re only experiencing 6 weeks, count your blessings. Average processing […]
