Question: I am new in an Export Compliance role. Is there a checklist and audit plan I can leverage? Answer 1: How are you going to audit if you are new to export? Your focus should be on getting some core basic education at a BIS/SIA seminar. Nonetheless, to get started, reference the BIS site […]
Question: Hello community, Need some input regarding export authorization. We had rented an equipment from a supplier in Kazakhstan for use locally in the country. Unfortunately, the equipment got damaged during the job and per contract we are responsible for repairing the unit before it is returned back to the owner. Repair can only be […]
Question: Does your company issue a Travel Certificate to employees traveling internationally with technical data on their laptop? If so, how much detail is included on the form. Would you mind sharing your templates? Answer 1: When controlled technical data/technology is being transported on a laptop or other company electronics to another country, we include […]
Question: An unrelated company shipped a Huawei product to us for R&D purposes. The 5A992.c item was not sold to us and now needs to return to Japan from the US. Understanding the Huawei sanctions, is it Ok to ship a product made by Huawei in a non-sale scenario? Answer 1: The designation by BIS […]
Question: We have a long standing distributor in Russia who uses their own agent to make all transportation arrangements from the U.S.A. to Russia. The product is EAR99, not included on the Luxury Goods list, and does not require a license based on §746. They have expressed their difficulty, to be expected, in finding transportation […]
Question: A customer wishes to install software that we wrote/license on ships. The ships are registered in Germany but can travel almost anywhere. Are there special export rules related to exports destined for ships, aircraft or other methods of transport? Some software is EAR99 but some are 5A002 but qualify for license exception ENC. The […]
Question: Hello! – If a US manufacturer (USPPI) sells to a foreign buyer (FPPI) for finished goods which contains consigned materials sent to them earlier from that foreign buyer, is it presumed that the sales price from the US manufacturer to the foreign buyer should be excluding the value of the consigned materials that were […]
Question: Hi, does anyone have an export control audit form you are willing to share? I am going to audit my logistics team and would like to use the forum as a template. Asked by: Alex Greene – agreene@rti.org Answer 1: This is what we use: https://www.icpainc.org/wp-content/uploads/2023/01/Export-Review-Checklist.xlsx
Question: I took over trade compliance for my company in the second quarter of 2022 because of a corrective action in our prior disclosure. Because of the prior disclosure the majority of my focus has been on the import side of trade compliance. As the new year approaches, I am beginning to work on export […]
Question: Does anyone have an Export Technology Control Plan or an outline they would be willing to share? Answer 1: Here are some basic requirements of ETCP. https://www.icpainc.org/wp-content/uploads/2022/12/Technology-Control-Plans.doc Answered by: George Tuttle – geo@tuttlelaw.comCompany: Tuttle Law Offices
Question: Hello, I have a question to the community regarding foreign integrators and End Use/End User definition. In reviewing the EAR definition of “end-user” and previous ICPA database answers, it was not definitive if it would consider the foreign integrator as an “end-user” in below scenario of Item A? Scenario: Item A shipped from US […]
Question: I am looking for guidance on how firms that develop ,share ,and store software “subject to the EAR” maintain compliance, particularly in cloud applications. The EAR 734. 18 (5) exclusion provides for electronic transmission of controlled tech and software that is not considered an export if it meets the “end to end” encryption standards […]
