QUESTION: We are a foreign entity located in Mexico and manufacture EAR600 as well as ITAR goods, the US customer does have a BIS license as well as DDTC licenses in place and we are listed on these licenses. My question is: if the foreign Mexican entity sends tech. data to a US supplier for further […]
QUESTION: My question relates to ITAR 120.41 Specially Designed, paragraph (b) which reads as follows:(b) For purposes of this subchapter, a part, component, accessory, attachment, or software is not specially designed if:(1) is subject to the EAR pursuant to a commodity jurisdiction determination;(2) Is, regardless of form or fit, a fastener (e.g. screws, bolts, nuts, […]
QUESTION: How does the membership identify controlled products within their ERP system whether classified under ITAR or on the CCL? =================== ANSWER: Depends on the ERP. Many ERP lack adequate functionality to support Customs/Compliance (Import/Export) work. The area is, as everyone who does this knows, quite intricate and even complex. Even where the ERP does […]
QUESTION: We have made certain types of items since the early 1980’s and have been approached by an ITAR customer. We have told them that we are not DDTC registered and that our items are commercial, and have been designed as commercial items. Nowhere on our drawings do we state any language pointing to ITAR […]
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: We exported an ITAR item to Egypt. It went to Heathrow airport but did not pass through customs. Can we just have it returned and cancel the AES. The broker is saying we have to get a DSP 61 to bring it back. If it has not entered the U.K. Customs we thought it […]
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 […]
