Question: You sell an EAR99 and an AT1 controlled item to a customer that is a subsidiary of a US Company in a foreign country. Both of your items are NLR. Your customer uses your items to produce a substantially transformed item. The exact content percentage of your items in their new item is unknown […]
Question: We are a U.S Company with subsidiaries and employees worldwide. We have a division that only focuses in Intellectual Property (trademarks & patents) worldwide. So far all of the products we have sent to SNAP-R have been classified with ECCN # EAR99. We just acquired a new brand of products (Pesticides) that are […]
Question: Do the regulations state how long an STA prior consignee statement is valid for? If so, how long is the statement valid for and where does it state this in regulations? ************** Answers: EAR§740.20(d)(2) does not give any expiration for the Prior Consignee Statement, and so it would seem that the implication is these […]
Question: ECCN 5A992.c states, “Commodities that BIS has received an encryption registration or that have been classified as mass market encryption commodities in accordance with §742.15(b) of the EAR.” What does the first part of this (“BIS has received an encryption registration”) actually mean? That is, only companies themselves, and not products, can be registered […]
Question: The EAR that states that the person who files the EEI to the AES must be in the US at the time of the filing. How are exporters interpreting this when they use a shipment such as GTS that is connected to AES? Assuming the company who is the filer of record is […]
Question: We have an internal dispute: Would a regular calendar be “not subject” to the EAR, or subject and classified EAR99? 734.3(b)(2) lists specific exclusions – calendars not listed. “Items” include “commodities”, which is an “article” – is a calendar an article and hence EAR99? ========== Answers: All commodities/articles are subject to the EAR (unless […]
Question: I am looking for a consolidated list of the biological agents that are considered dual-use by the US (on the CCL) as well as by the EU, specifically the UK. There is much overlap but I’m not sure that they are identical. Have any members consolidated the two lists and if so, would […]
Question: Can someone explain how to apply the EAR definition of “Technology” (772) and the general technology note (774) to EAR99 stuff? The EAR definition of “required” doesn’t seem to be able to be applied to an EAR99 item like it can be to a listed item. So if I have an EAR99 item, say […]
Question: My company has an “End item” that is classified with an ECCN controlled for AT reasons. However, the end item has a component that is classified at a higher control, for MT & AT reasons. The End Item is in need of repair and the part required to fix it, is the part that […]
Question: Some ECCN entries within the EAR CCL simply reference “TECHNOLOGY” (ex. 4E980), and others reference “TECHNOLOGY” ACCORDING TO THE GENERAL TECHNOLOGY NOTE (ex. 3E102). What is the distinction here between the use of plain “technology” vs “technology” in reference to the general technology note? ************ ANSWER: Basically there is no distinction being made, you’re […]
Question: Here’s a scenario: Company ABC designs/develops an EAR99 product in the U.S. ABC’s factory in China uses the U.S. technology to make the product, and deliveries are made directly from China to customers in various countries. One of ABC’s customers is a South Korean company (an OEM with no U.S. ties whatsoever). This customer […]
Question: If I have an item that falls under EAR99 classification, when is a license required? Does it only require a license if it’s being shipped to one of the five debarred countries? *********** ANSWERS: No, check out the Entity List in the EAR *********** In addition to the prohibited destinations, you will need a […]
