EAR

QUESTION: Can we ship EAR99 items to Vietnam? Is an export license required? How is this impacted by GP8? ========== Answers: It is best to check the Country Chart and walk through the EAR reviewing the steps to use the EAR, scope of the regulations and general prohibitions. https://www.bis.doc.gov/index.php/documents/regulations-docs/2383-supplement-no-1-to-part-738/file Export Administration Regulations (EAR) (doc.gov) – […]

QUESTION: Can a US person legally export an EAR99 item to Ukraine, provided it is not shipped to a sanctioned region, with no sanctioned entities involved in the transaction and no restricted end use or end user involved? ========== Answers: Yes…no problem to do so unless it is to Crimea, Donetsk or Luhansk. ============ Yes, […]

QUESTION: Is it possible to use the GOV exception to government agencies of qualifying countries for EAR controlled technology?  ************** Answers: In general, yes, but be aware of exclusions in 740.2 and 740.11(c)(3). Best, Scott Gearity Export Compliance Training Institute Tel: +1 216 243 9996 learnexportcompliance.com

QUESTION: Does U.S. made item that was previously exported on a BIS export license or BIS re-export license require another BIS re-export to be returned to the original U.S. exporter? ========== Answers: No.  BIs does not have jurisdiction over US imports. ========== Not from the U.S., no. George Tuttle IIILaw Offices of George R. Tuttle, […]

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 […]