Category: Export Control Reform Initiative

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 Reform (ECR) Initiative has also complicated the application...

“Did you hear? The Cuban sanctions have been lifted! I can’t wait to go on a vacation and bring back some cigars.” Whoa! Not so fast there, buddy. With the recent announcements from the Department of the Treasury, Office of Foreign Assets Control (OFAC), concerning the amendments to the Cuban Assets Control Regulations (CACR) to...

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...

To some, it may seem as if it was just yesterday that the Export Control Reform (ECR) initiative began to take shape. For others, it may seem as if the process has spanned decades. However you view it, ECR has been a very present reality for the past year. On November 3rd, the U.S. Department...

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...

Exporters can anticipate “robust and comprehensive” enforcement efforts in the near future, according to remarks given by David Mills, Assistant Secretary for Export Enforcement. Mills was speaking at the annual update conference hosted by the U.S. Bureau of Industry and Security (BIS) in Washington, D.C. According to Secretary Mills, for fiscal year 2013, BIS investigations...

This week, the Departments of Commerce and State revised export controls on most commercial, scientific and civil satellites, as well as their parts and components. This move is another key step forward in the Export Control Reform Initiative. For those of you who have been in trade compliance long enough, you will remember that this...

Do you need more info about the new “600 series”? Trying to figure out if License Exception STA is right for you? Does “specially designed” have you more confused now than before? Answers to these, and many more, questions are now available on the Bureau of Industry and Security (BIS) website. (From the home page,...

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...