QUESTION: My company manufactures highly complex electronic manufacturing production equipment. The completed system is classified as EAR99. However, there are licensable component parts in the system which, when shipped as spare parts or replacement parts, require a Commerce department license to certain controlled destinations such as China. For various logistics reasons, our crating company would […]
QUESTION: The General Export License for ZTE Corp expires on 2-27-17, I have not seen anything on what BIS plans to do with them. Will they extend the license or remove them from the Entity List? ========== Answers: The Temporary General Export License for ZTE has been extended to now expire on March 29. 2017. […]
QUESTION: For the purposes of complying with the EAR and ITAR, is there a distinction between a Letter of assurance and an End-user statement, are such forms required by regulation. Does BIS or DDTC have specific formats to follow? ======================= ANSWER: End-User Statements (EUS) I submit to DDTC come primarily from our customers. I […]
QUESTION: How many USPPI’s obtain documentation of EAR Sec. 758.3(b) assumption of licensing authority from the FPPI in routed transactions? ========== We have wording on our end use / end user forms stating the FPPI is responsible for any license determination. With that said, almost 99% of my exports are EXW and routed transactions. I […]
QUESTION: Our company had an inquiry for purchase of a license for our EAR99 software from an organization on the SDN due to EO13685. The only option I see to complete the sale would be to apply for a specific license since none of the general licenses apply to this situation. Two questions: Does OFAC […]
QUESTION: I read the destination control statement on the invoice from 15 CFR Sec. 758.6 to in effect/by implication require that the ultimate consignee be identified (name, address, country) on the invoice (unless EAR99 items). Has the membership faced any pushback/requests from foreign customers (e.g. re-sellers) not to include (to remove) this ultimate consignee information […]
QUESTION: We have always handled only ITAR, now some items have moved to EAR. We import parts from a foreign supplier, some were defective and need to be replaced. License exception RPL does not seem to fit this circumstance. Any guidance? ************* Answers: You may want to also see if Return of Foreign Origin Items […]
QUESTION: Please provide guidance on the steps involved when a company is contracted by Dept of Navy to manufacture a product to be used by the government armed forces? Our product is more than likely, EAR99, because it does not have sensitive military capabilities. It is a non-electrical product, similar to a typical nut, bolt […]
QUESTION: If company A is on the DDTC / ITAR debarred list, can we still work with Company A on BIS/Commerce controlled Dual-use items? ========== Answers: As long as you are exporting an EAR controlled item and there are no published restrictions in the EAR on exporting to the entity, then yes, although I might […]
QUESTION: It was recommended to me there should be a clause on customer/distributor contracts with regards to EAR regulations. Something to say that we as U.S. company therefore we require parties abide by EAR regulations and prohibits from shipping or transship to sanctions countries; or something in that verbiage. Questions – is it best practices […]
QUESTION: My freight forwarder is telling me that it is not necessary to have EAR99 appear on the EEI. Is there a downside to having the EEI state EAR99 even though it may not be required? From an auditing perspective, I prefer to have the EEI state EAR99 but perhaps I am overlooking something. ========== […]
QUESTION: I’d like to query the group on the process involved with the licensing of a Non-US employee who one of our business divisions has decided need to come to one of our US facilities to assist with a production process that is currently struggling due to loss of experience. The employee is from Country […]
