Question: If our wholly owned UK subsidiary wants to ship an EAR99 product to a sanctioned country, does the US headquarters have to apply for a license on their behalf? *********** Answers: Since U.S. regulations require U.S. approval for reexports of controlled U.S. technology, I believe the UK subsidiary can request those licenses directly. But […]
Question: I’m curious to know, what the membership’s view is regarding the need to obtain End User Certificates (EUC) prior to the export of their products. Do you obtain EUCs for every export, even EAR 99 or do you obtain EUCs for products classified under certain ECCNs (i.e. those ECCNs that have more than AT […]
Question: Does the FPPI letter from the Foreign Principal Party of Interest require an expiration date according to the regulations ************ ANSWERS: No. Authorization is valid until revoked by FPPI. ************ The letter does not have to contain an expiration date. It can be dictated to whatever parameters the shipper/consignee agree. It can be for […]
Question: In several places throughout the EAR, the words “controlled for national security” are used. Does this refer to “NS” controls only on the CCL, or is “national security” generalized to include all reasons for control? I have seen places where it specifically says “controlled for National Security (NS)” and then I have seen “national […]
Question: A customer in the EU has asked us (US exporter) about Dual Use items. I have heard of dual use, but don’t fully understand it. We used to have ITAR items, but now everything we have is under the EAR – either 600 series or another ECCN. Can the membership provide any references or […]
Question: Just confirming my understanding with this question. Test equipment (EAR99) ships from the US and the sole purpose is to test gaskets and seals at our supplier’s factory in Asia. The equipment is solely used for testing and nothing else, but it has a computer with a touch screen installed onto this tester at […]
Question: Does anyone out there have any insight into why the applicability of the definition of “required” in §772 of the EAR is limited to Categories 4, 5, 6 & 9? ************** Answers: You need to link the term “required” to the General Technology note in Part 774 Supplement 2. Then I think that it […]
Question: I work for a confectionery company and all of our goods are EAR99. We screen parties involved in the export and do not ship to prohibited countries. Since our goods are EAR99 and perform export control, do we need to receive an End User Statement or Letter from foreign buyer? Answers: As you […]
Question: Does anyone in the membership have the EAR country chart in excel format? ============
Question: Has anyone implemented a red flag screening checklist/form (to document compliance with EAR Supplement No. 3 to Part 732 – BIS’s Know Your Customer Guidance”). If so, is it maintained at the customer or order level? Finally, if it’s done at the customer level, is it only done once at the time […]
Question: I am having a debate with my business colleagues regarding whether the OEMs (Original Equipment Manufacturers) we sell to are considered end-users from an EAR perspective. We sell and export devices to OEMs that they incorporate into a larger piece of equipment that they sell to ultimate end-users, typically (but not always) in […]
Question: I am currently setting up an export compliance program and would like to obtain some export compliance references to assist me and company colleagues. What is the value of buying a hardcopy of the official regulations and policies governing the export licensing of commodities and technical data? Is it […]
