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: There is a debate with regard to import of Foreign Classified ITAR controlled technical data.We have one person that says a DSP-85 is required. DSP-85 by definition is “Application/License for permanent/temporary export or temporary import of classified defense articles and related technical data”.You cannot truly temporarily import technical data. I assume the intent of […]
QUESTION: In the ITAR, in the Munitions List (Part 121), one can see the asterisks placed next to the enumerated defense articles that are designated Significant Military Equipment (SME). It is my understanding that all classified defense articles, including all classified information (such as information classified SECRET), are SME. The definition for SME in ITAR […]
QUESTION: Currently, the Commercial Invoice includes the Destination Control Statement for all our export transactions from the US. However, with the new Destination Control Statement effective on November 15, 2016, I’ve heard that some companies include the statement for their domestic transactions as well. Is it standard practice for companies to include this statement on […]
QUESTION: For license applications under the ITAR even in this post export control reform world DDTC allows the supporting purchase documentation in a license application to be a Letter of Intent (LOI). Does anyone have a blank template of a LOI they can share? =================== ANSWER: There is no template – it’s just a letter […]
QUESTION: FR Vol 81 No. 159 outlines the new DCS and states it will go into effect November 15, 2016: Do you think it is okay to initiate the change in export documentation now? *************** Answers: I’m sitting at a BIS conference now. They said yes on using the new DCS now for BIS but it […]
QUESTION: We are a company that exports non military products under EAR99 NLR. Do we need to change our destination control statement to the new one that covers both EAR and ITAR? I couldn’t find anything definitive in the answer data base. ====================== ANSWERS: You should change your Destination Control Statement (DCS) to the new version. The […]
QUESTION: Our Dutch entity is looking to ship ITAR SME (Significant Military Equipment) parts to our U.S. entity for repair and return. Does SME unclassified ITAR parts qualify for 123.4(a)(1)? *************** Answers: Yes – based strictly on what you have provided to ask the question, the temporary import license exemption of 22 CFR 123.4(a)(1) can […]
QUESTION: ITAR section §122.4(d) states: “Prior approval by the Directorate of Defense Trade Controls is required for any amendment making a substantive change.” 1) An amendment to what? The registration? Another Agreement? (§122.4(c)(4) is about agreements DDTC approves.) 2) What constitutes a “substantive change?” Significant changes, such as changes to a company’s name, would 3) be disclosed […]
QUESTION: My company is subject to both the EAR and the ITAR. I have a question about hiring a person who does not meet the ITAR or EAR definitions of a U.S. person. This is for a U.S.-based engineering position, and the official job description requires access to export controlled technology or technical data. In […]
