News & Noteworthy

Heightened Scrutiny for "Emerging" Technologies

Posted by Chalinee Tinaves on Nov 21, 2018 8:41:37 AM
This week the Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) seeking comments from the public on criteria for identifying “emerging technologies” essential to U.S. national security. As part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA), the Export Control Reform Act of 2018 (ECRA) authorized the Department of Commerce to establish appropriate controls for exports of “emerging and foundational technologies.” However, at the time, what was covered under this phrase was not clear. BIS took a step forward this week by identifying several technology sectors of concern. 
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Topics: Export Compliance, BIS, 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

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

"Capable of" Confusion

Posted by Bruce Webb on Feb 22, 2018 12:26:10 PM

 

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Topics: Export Compliance, Commodity Classification, Export Control