EAR

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 […]

QUESTION: We recently produced EAR99 goods for a Nuclear Power Plant. In reviewing the job folder for this I see that we were given architectural drawings of the layout of the plant to show where the goods would be placed. There is no control language on these drawings. Due to this I assume that these […]

QUESTION: Our company comprises multiple divisions that have been recently acquired. When they were stand-alone companies, our divisions had their own trade compliance policies and procedures. But we are now in the process of harmonizing these trade compliance policies and procedures under a common corporate model. One specific issue where we currently have multiple, inconsistent […]

QUESTION: Is proprietary information that is not within the scope of the definition of technology subject to the EAR? In other words, we have determined that information in a document does not meet the definition of technology IAW EAR 772.1, however the information is still protected as proprietary. Is this proprietary information subject to the […]