News & Noteworthy

“Technology” – Part 1: An Overview

Posted by John Sturtevant on Apr 29, 2020 10:30:00 AM

[Note: this post was initially published in early 2017.]

“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 (EAR) 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

Export Control 101: Commodity Jurisdiction

Posted by Bruce Webb on Apr 16, 2019 10:15:00 AM

As technical specialists, we often get asked about Commodity Jurisdiction. The questions are simple but important and the answers are invaluable for newcomers to export control.

What is a Commodity Jurisdiction (CJ) determination? The first and most basic step in export control is determining if your item (be it a physical product, software, technology, or service) requires an export license. To ascertain this, you must first verify which set of regulations pertain to that item. It may be the International Traffic in Arms Regulations (ITAR) or it may be the Export Administration Regulations (EAR).  Since the ITAR is administered by the State Department and the EAR is overseen by the Department of Commerce, you are trying to determine which jurisdiction your product belongs to, based on its technical characteristics or capabilities.

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Topics: Export Compliance, Commodity Classification

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

Using National Stock Numbers for Commodity Classification

Posted by Bruce Webb on Jun 19, 2018 11:25:00 AM

Compliance practitioners know that commodity classifications are the essential first step in determining export control requirements, responsibilities and risks. However, in situations where the exporter is not the original manufacturer of an item or specific product specifications are unavailable, making an export classification determination can be difficult. One valuable and often overlooked piece of information is the National Stock Number (NSN) but it must be used with caution.

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Topics: Export Compliance, Commodity Classification

Smoking Hot: Proposed Changes to USML Categories I, II, and III

Posted by Rick Phipps on May 15, 2018 3:19:53 PM

 On top of the background buzz regarding the ZTE zigzag, the latest shoe has dropped in the ongoing export control reforms. Three shoes actually, since we can now read about the proposed move of certain items controlled in Categories I, II, and III on the U.S. Munitions List (USML) over to the Commerce Control List (CCL). Long awaited by U.S. gun and ammunition manufacturers and exporters, these proposed rules describe how articles the President determines no longer warrant control under USML would be controlled on the CCL and by the Export Administration Regulations (EAR) and describe more precisely articles warranting export and temporary import control on the USML.

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Topics: Export Compliance, Commodity Classification