The revision of USML Category XII was first published as a proposed rule on May 5, 2015, for public comment. The number of public comments received caused the Department of State to reevaluate the original proposed rule change and to draft a new proposed rule change (published February 19, 2016). This second proposed rule change…
EAR- Don’t Forget About The De Minimis Rule One of the lesser-understood rules in the Export Administration Regulations (EAR), is the de minimis rule, which determines whether foreign-made products that incorporate U.S.-controlled content are subject to the EAR. While making international trade easier and better defining the jurisdiction and classification of items, the Export Control…
In my last blog article, we examined the Specially Designed Decision Tool. Today, we will explore the new “Catch and Release” concept when determining if a product meets the definition of “Specially Designed.” First, here is the definition in the current ITAR. [My Notes will be in brackets, boldface, and Italics. All underlines are my…
This is the first in a series of articles called Tools of the Trade, where we will highlight some of the most useful tools and resources for export compliance professionals. Keep checking back for future installments! Classification of items (products, software, technology, etc.) is at the heart of any compliance program. Never has this been…
If you haven’t already, it’s time to update your ITAR destination control statement on your commercial invoices. As part of the Export Control Reform that implemented on October 15, 2013, a new destination control statement should be used on your export paperwork. This change is effective immediately. The Destination Control Statement is required on the…
This month, DDTC has introduced new versions of several different forms for exporters to use with their ITAR licenses and registrations. It’s important to use these new versions of the documents, because DDTC will no longer be accepting the previous versions. Here’s a brief summary of the new documents: It’s important to make note of…
On Monday, the State Department published an interim final rule which revises significant portions of the brokering activities controlled by Part 129 of the ITAR. One of the most meaningful changes in this rule is a definition of what “brokering activities” actually means. The rule also revises and clarifies related sections of the ITAR related…
What is considered ITAR? Historically, the answer to that question has been very far-reaching and intentionally broad – encompassing a wide array of end items, sub-assemblies, components, materials and services. However, a recent proposed rule by the DDTC (and a concurrent rule from BIS), is proposing to change all that. If made final, this new…
Earlier this week, I was updating our list of common ITAR exemptions and noticed that several have been added in recent weeks or months. As with most exemptions, these are narrowly defined and you, as the exporter, must be careful to meet all criteria outlined in the ITAR before proceeding. Some of the recent ITAR…
Earlier this month, DDTC made final a new exemption for certain exports to the United Kingdom in §126.17 of the ITAR. This exemption is pursuant to the recent Defense Trade Cooperation Treaty between the United States and the United Kingdom. How much is this new exemption going to help your company’s ITAR compliance? And more…