QUESTION: We would like to get the membership’s feedback on the EAR’s record retention policy of 5 years. Per § 762.6 records must be kept for 5 years from the latest of the following times…”Any known reexport…” What should a U.S. company’s record retention policy be if the U.S. company knows a distributor in another […]
QUESTION: I have an export control related question to ICPA members. We are a US based company for oil/gas construction equipment which are classified as EAR99 items. Our sales office in Dubai, UAE tries to sell products to a Lebanese company in Iraq. Lebanon is a US sanctioned country with no military equipment, nuclear and […]
QUESTION: What are others currently seeing for DOD DSP-5 license processing times? Despite many previous DOD licenses for same item/users without any problems, RSAT has had our DSP-5 for 6 weeks. The DOD Analyst has no info/explanation. ************* Answers: Sadly this is normal, and if you’re only experiencing 6 weeks, count your blessings. Average processing […]
QUESTION: How do you classify technology (EAR) or technical data (ITAR) to determine who it can be shared with? Do you start with the hardware classification for every item and then extrapolate the technology classification, assign categorical tech data controls for entire programs, or use another method? And once a technology classification is determined, do […]
QUESTION: We recently produced EAR99 goods for a Nuclear Power Plant. In reviewing the job folder for this I see that we were given architectural drawings of the layout of the plant to show where the goods would be placed. There is no control language on these drawings. Due to this I assume that these […]
QUESTION: Our company comprises multiple divisions that have been recently acquired. When they were stand-alone companies, our divisions had their own trade compliance policies and procedures. But we are now in the process of harmonizing these trade compliance policies and procedures under a common corporate model. One specific issue where we currently have multiple, inconsistent […]
QUESTION: Is proprietary information that is not within the scope of the definition of technology subject to the EAR? In other words, we have determined that information in a document does not meet the definition of technology IAW EAR 772.1, however the information is still protected as proprietary. Is this proprietary information subject to the […]
QUESTION: “We are a commercial company (not registered with DDTC, not producing defense articles or services), most of our products are EAR99 because of general applicability (math, computational, simulation software). Our customers use our products for wide range of applications from education to defense related applications. One of the defense applications is EW (electronic warfare), […]
QUESTION: Does the government (or other credible source) publish a list of EAR-controlled items at highest risk of illegal diversion? I’m constructing a risk profile for my organization and want to consider the types of commodities we export as a factor in that analysis. Please note we only sell EAR-controlled items (some under specific ECCNs, […]
QUESTION: We make, sell domestically and export product that is EAR99 and not on the CCL. We received a request from a foreign customer to include the DCS statement on our commercial invoices. EAR99 product not on CCL are not subject to the DCS requirement. Are we creating any liability by including this statement on […]
QUESTION: Under https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear When pressing the GPO’s EAR: e-CFR, https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=02b534f76f96c9c5f13a1d1be8edf8d4&mc=true&tpl=/ecfrbrowse/Title15/15CVIIsubchapC.tpl, pressing 774, https://www.ecfr.gov/cgi-bin/text-idx?SID=94ecdb1389dc924dcc12efe2cc9de1f3&mc=true&node=pt15.2.774&rgn=div5, the following message appears: The requested document does not exist. It may have been moved to a different volume. You can try browsing to the document from here. Or under https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear, when pressing the CCL on the e-CFR, https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=02b534f76f96c9c5f13a1d1be8edf8d4&ty=HTML&h=L&n=15y2.1.3.4.45&r=PART, the same message appears: […]
QUESTION: Under https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear When pressing the GPO’s EAR: e-CFR, https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=02b534f76f96c9c5f13a1d1be8edf8d4&mc=true&tpl=/ecfrbrowse/Title15/15CVIIsubchapC.tpl, pressing 774, https://www.ecfr.gov/cgi-bin/text-idx?SID=94ecdb1389dc924dcc12efe2cc9de1f3&mc=true&node=pt15.2.774&rgn=div5, the following message appears: The requested document does not exist. It may have been moved to a different volume. You can try browsing to the document from here. Or under https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear, when pressing the CCL on the e-CFR, https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=02b534f76f96c9c5f13a1d1be8edf8d4&ty=HTML&h=L&n=15y2.1.3.4.45&r=PART, the same message appears: […]
