EAR

Questions and answers about EAR

  • ZTE EXPORT LICENSE

    QUESTION: The General Export License for ZTE Corp expires on 2-27-17, I have not seen anything on what BIS plans to do with them. Will they extend the license or remove them from the Entity List? ========== Answers: The Temporary General Export License for ZTE has been extended to now expire on March 29. 2017. […]

  • END USE STATEMENTS AND LOA

    QUESTION: For the purposes of complying with the EAR and ITAR, is there a distinction between a Letter of assurance and an End-user statement, are such forms required by regulation.   Does BIS or DDTC have specific formats to follow? ======================= ANSWER: End-User Statements (EUS) I submit to DDTC come primarily from our customers. I […]

  • EAR SEC 758.3(b)

    QUESTION: How many USPPI’s obtain documentation of EAR Sec. 758.3(b) assumption of licensing authority from the FPPI in routed transactions? ========== We have wording on our end use / end user forms stating the FPPI is responsible for any license determination.  With that said, almost 99% of my exports are EXW and routed transactions.  I […]

  • LICENSE FOR SDN SHIPMENT

    QUESTION: Our company had an inquiry for purchase of a license for our EAR99 software from an organization on the SDN due to EO13685. The only option I see to complete the sale would be to apply for a specific license since none of the general licenses apply to this situation. Two questions: Does OFAC […]

  • DCS AND ULTIMATE CNEE

    QUESTION: I read the destination control statement on the invoice from 15 CFR Sec. 758.6 to in effect/by implication require that the ultimate consignee be identified (name, address, country) on the invoice (unless EAR99 items). Has the membership faced any pushback/requests from foreign customers (e.g. re-sellers) not to include (to remove) this ultimate consignee information […]

  • LICENSE EXC. RPL ALTERNATIVE

    QUESTION: We have always handled only ITAR, now some items have moved to EAR. We import parts from a foreign supplier, some were defective and need to be replaced. License exception RPL does not seem to fit this circumstance. Any guidance? ************* Answers: You may want to also see if Return of Foreign Origin Items […]

  • NAVY PRODUCTION REQUEST

    QUESTION: Please provide guidance on the steps involved when a company is contracted by Dept of Navy to manufacture a product to be used by the government armed forces? Our product is more than likely, EAR99, because it does not have sensitive military capabilities. It is a non-electrical product, similar to a typical nut, bolt […]

  • EAR ITEMS TO ITAR DEBARRED COMPANY

    QUESTION: If company A is on the DDTC / ITAR debarred list, can we still work with Company A on BIS/Commerce controlled Dual-use items? ========== Answers: As long as you are exporting an EAR controlled item and there are no published restrictions in the EAR on exporting to the entity, then yes, although I might […]

  • EAR REGS CLAUSE ON CONTRACTS

    QUESTION: It was recommended to me there should be a clause on customer/distributor contracts with regards to EAR regulations.  Something to say that we as U.S. company therefore we require parties abide by EAR regulations and prohibits from shipping or transship to sanctions countries; or something in that verbiage. Questions – is it best practices […]

  • EAR99 INDICATOR ON EEI

    QUESTION: My freight forwarder is telling me that it is not necessary to have EAR99 appear on the EEI.  Is there a downside to having the EEI state EAR99 even though it may not be required?  From an auditing perspective, I prefer to have the EEI state EAR99 but perhaps I am overlooking something. ========== […]

  • LICENSE FOR NON-US EMPLOYEE

    QUESTION: I’d like to query the group on the process involved with the licensing of a Non-US employee who one of our business divisions has decided need to come to one of our US facilities to assist with a production process that is currently struggling due to loss of experience. The employee is from Country […]

  • MULTIPLE COMPONENT ECCNs

    QUESTION: You have an overall system designed for the removal of metal and other materials by laser which is called out in 2B001(e). The laser is mounted to a robot as a articulating arm.  The full system does not meet the accuracy called out in 2B001(e).   The two components if shipped by themselves fall […]