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Export Controls: Complying with ITAR

Export Controls: Complying with ITAR

What are Export Controls? U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S. U.S. Export Control Laws 3 primary set of export and sanctions rules: US Export Administration Regulations (EAR) International Traffic in Arms Regulations (ITAR) Economic Sanctions Regulations International Traffic in Arms Regulations Regulations administered by the U.S. Department of State Directorate of Defense Trade Controls (DDTC). Governed by the Arms Export Control Act (AECA)- 22 CFR §2778 and 22 CFR §120-130. Regulate exports of items and services specifically designed for military applications. Control the permanent and temporary export and temporary import of items on the United States Munitions List (USML), including: Defense articles Defense services Technical data Exports Under ITAR Sending or taking a ‘defense article’ out of the U.S. Disclosing or transferring in the U.S. any defense article to an embassy, agency or subdivision of a foreign government. Performing a defense service for a ‘foreign person’. Disclosing, releasing or transferring technical data or other information to a foreign person. Licensing Requirements Registration Register with the Department of State via DDTC. A complete registration package includes: A DS-2032 Transmittal letter Legal documentation Any required attachments Registration is a pre-requisite to export licensing approval; it does not confer any export privileges. A license or applicable license exception is required prior to the export of defense articles or services, or technology transfers. License application can be submitted online at DDTC’s website through DTrade. Checklist for ITAR Controlled Technical Data Who are you sharing the technical data with? –Is it one of your employees? –Will it be shared in the U.S. or outside the U.S.? –Do any exemptions/exceptio

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EAR: How to Comply With Them

EAR: How to Comply With Them

What are Export Controls? U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S. U.S. Export Control Laws 3 primary set of export and sanctions rules: US Export Administration Regulations (EAR) International Traffic in Arms Regulations (ITAR) Economic Sanctions Regulations Export Administration Regulations Found in 15 CFR Parts 730-744. Administered under International Economic Emergency Powers Act (IEEPA). Controlled by the Commerce Department’s Bureau of Industry and Security (BIS). Regulates exports including re-exports and deemed exports of commercial or dual-use goods, software and technology What is Commerce Control List (CCL)? List of EAR controlled items. Found in Part 774 of the EAR. Used to determine export control classification and license requirements. The CCL is divided into ten broad categories. What is Export Control Classification Number (ECCN)? Each entry in CCL is called an Export Control Classification Number (ECCN). ECCN is an alpha-numeric code used in the CCL to classify items for determination of export licensing requirements. License Requirements In general, license requirements depend on product classification (ECCN), destination and end user. For goods and technology listed on the Commerce Control List (CCL), a license will be required for export, unless an exclusion or exemption applies. The combination of reasons for control and the country of end user will determine whether a license or exception applies. Want to learn more about U.S. export controls, its regulations and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: Essentials of Export Controls. How to Conduct Due Diligence for Exports to Sanctioned Countries? Mastering U.S. Export Administration Regulations. Implementing an Export Man

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