Question: What Is Subject To Export Control?

What is an export controlled item?

Export-controlled information or material is any information or material that cannot be released to foreign nationals or representatives of a foreign entity, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITAR), or the ….

What are the main reasons certain exports are controlled?

Export controls usually arise for one or more of the following reasons:The nature of the export has actual or potential military applications or economic protection issues.Government concerns about the destination country, organization, or individual.More items…

How many types of export control exist?

threeThe three primary sources of export control regulations are the U.S. Department of Commerce Export Administration Regulations (EAR), the U.S. Department of State International Traffic in Arms Regulations (ITAR), and the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC).

Who is responsible for export compliance?

Under U.S. law it is the responsibility of the exporter to classify the item(s) and to determine if an export license is required from any United States Government agency. Please refer to Part 774 (CCL) of the Export Administration Regulations for the Commerce Control List.

Is software export controlled?

The Export Administration Regulations (EAR) definitions distinguish between software and technology. Software is one of the groups within each of the categories of items listed on the Commerce Control List (CCL). Software which is delineated on the CCL is controlled.

What is subject to ITAR control?

ITAR is the set of US government regulations that control the import and export of defence related items and services as listed on the United States Munitions List ( USML ).

How do export controls work?

Export controls are U.S. laws and regulations that regulate and restrict the release of critical technologies, information, and services to foreign nationals, within and outside of the United States, and foreign countries for reasons of foreign policy and national security.

How do I know if I need an export license?

EAR99 items generally consist of low-level technology, consumer goods, etc. and do not require a license in most situations. However, if your proposed export of an EAR99 item is to an embargoed country, to an end user of concern, or in support of a prohibited end use, you may be required to obtain an export license.

Do I need an ECCN?

Even if your good doesn’t have an ECCN classification or the Commerce Country Chart indicates you don’t need a license for your product based on where you are exporting it, there are additional factors that may determine whether you need to apply for a license before you can export.

What is considered an export?

An export in international trade is a good or service produced in one country that is sold into another country. The seller of such goods and services is an exporter; the foreign buyer is an importer.

Which kind of data may be subject to export control regulations?

Controlled technical data may include engineering designs, blueprints, photographs, schematics or any other “how to” information that reveals or releases controlled technology. Export controlled data may require a government approval or export license before sharing with any non-US person wherever located.

Which items are subject to export controls?

Products subject to export controls include military and strategic goods and technology, softwood lumber, firearms, sugar and sugar containing products, peanut butter, logs, and U.S. -origin goods and technology.

What are controlled items?

Generally, items and services with military applications or items that significantly affect our national interests are considered Controlled Items and may be subject to export controls. Controlled Items are found in two areas: Commerce Control List (EAR) Munitions List (ITAR)

What is an export control officer?

The Export Control Officer (ECO) Program oversees BIS’s seven ECOs and provides support to other U.S. Commercial Service Officers stationed abroad that conduct pre-license checks (PLCs) and post-shipment verifications (PSVs).

What is the purpose of export control laws and regulations?

The United States export laws and regulations operate to restrict the use of and access to controlled information, goods, and technology for reasons of national security or protection of trade. The export control regulations are not new.

What is export control questionnaire?

What is the Purpose of this Questionnaire? The United States government regulates the export of sensitive technologies, materials, and information to certain foreign countries and to foreign nationals within the U.S. (deemed exports). … Controls vary with item and country.

What is an ECCN code?

An Export Control Classification Number (ECCN) is a five-character alphanumeric key used in the Commerce Control List (CCL) to classify U.S. exports and determine whether an export license is needed from the Department of Commerce. An ECCN categorizes a product based on its commodity, software, or technology.