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John Sturtevant

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"Technology" - Part IV: License Exceptions

Posted by John Sturtevant on Oct 22, 2019 1:00:00 PM

By popular demand, here is the fourth and final installment in our “technology” series. This time we focus on the EAR’s license exceptions related to controlled “technology:” Technology and Software under Restriction (TSR) and Technology and Software—Unrestricted (TSU). Note: This condensed blog post is not a substitute for consulting the actual text of the EAR to determine whether you can use one of these license exceptions.

Before we dive in, let’s have a quick summary of topics covered in this series:

  • In Part I, we explored the concept of controlled technology.
  • In Part II, we examined the three different types of technology (“development,” “production,” and “use”) and how they are applied in practice.
  • In Part III, we explained what it means when an ECCN controls technology that is “required” for the development, production, or use of an item on the Commerce Control List (CCL).

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Topics: Export Compliance, License Exceptions

Technology Controls, Part III: Definition of "Required"

Posted by John Sturtevant on Mar 12, 2019 11:10:23 AM

We're back with Part III of our blog series in understanding “technology” controlled under the EAR. In Part I, we explored the concept of controlled technology. Then, in Part II, we examined the three different types of technology (“development,” “production,” and “use”) and how they are applied in practice. Now, in this Part III post, we’re examining what it means when an ECCN controls technology that is “required” for the development, production, or use of an item on the CCL (and also what it means when a control entry doesn’t include the defined term “required”).

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Topics: Export Compliance, Commodity Classification, Technology

Jurisdiction, Classification and Licensing: A Primer

Posted by John Sturtevant on Apr 3, 2018 11:55:41 AM

Export control can be baffling to newcomers. It is a blizzard of acronyms, “defined terms,” and citations. In our compliance practice, we often have to lay out the basics for new clients in order to even discuss their situation. Many others know bits and pieces but don’t see how the puzzle fits together. So to any compliance veteran reading this, go no further. What follows is a primer, plain and simple.

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Topics: Export Compliance, Commodity Classification

“Technology” – Part II: Development, Production, & Use

Posted by John Sturtevant on Jan 24, 2018 9:04:06 AM

Happy New Year, folks! I’ve kept you in suspense long enough, so here it is – Part II of our blog series in understanding “technology” controlled under the EAR.

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Topics: Export Compliance, Commodity Classification

“Technology” – Part 1: An Overview

Posted by John Sturtevant on Mar 15, 2017 10:56:29 AM

“Quotation marks” are often misused. We have all read passages or seen “signs” where someone “clearly” didn’t realize what they were conveying with the “quotation marks.”

 
This may cross your mind when reading the Export Administration Regulations since there are many “words” in quotation marks which seemingly have no business being quoted. But you would be wrong. The use of quotations is deliberate and important, indicating that the quoted word or phrase should be reviewed under Section 772.1 – Definitions of terms as used in the EAR. Some are close to the definitions we typically associate with these words while others aren’t nearly as clear.

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Topics: Export Compliance, Commodity Classification