QUESTION: FR Vol 81 No. 159 outlines the new DCS and states it will go into effect November 15, 2016: Do you think it is okay to initiate the change in export documentation now? *************** Answers: I’m sitting at a BIS conference now. They said yes on using the new DCS now for BIS but it […]
QUESTION: On July 28th 2016, AES began decrementing the BIS license value and will sometimes return some Informational Messages to the filer. One of those messages states €œthat the allowable shipping tolerance (10% over BIS license value) has been exceeded by the current filing.€ We find it strange that we have never heard of a […]
QUESTION: We are making an automotive fender as a Tier 1 production Supplier per Customer specs to be shipped to the Customer assembly plant within the US. The Customer is requesting ECCN on the RFQ. I am not an EAR expert but the only way I can see EAR applying to this part is if […]
QUESTION: I am new to Department of Commerce EAR. My company office in Atlanta GA USA would like to ship bearing products to a customer in the Philippines via our office in Hong Kong. If I am reading the CCL and CCC correctly, reason for control RS applies. Does this mean I will need to […]
QUESTION: My company is subject to both the EAR and the ITAR. I have a question about hiring a person who does not meet the ITAR or EAR definitions of a U.S. person. This is for a U.S.-based engineering position, and the official job description requires access to export controlled technology or technical data. In […]
QUESTION: Say you have an EAR item that is a component of a system or assembly that when shipped by itself is a licensable item. But if it is installed within the system/assembly that is not licensable there is not license requirement because the EAR does not have a “see through rule” like the ITAR. […]
Question: You sell an EAR99 and an AT1 controlled item to a customer that is a subsidiary of a US Company in a foreign country. Both of your items are NLR. Your customer uses your items to produce a substantially transformed item. The exact content percentage of your items in their new item is unknown […]
Question: We are a U.S Company with subsidiaries and employees worldwide. We have a division that only focuses in Intellectual Property (trademarks & patents) worldwide. So far all of the products we have sent to SNAP-R have been classified with ECCN # EAR99. We just acquired a new brand of products (Pesticides) that are […]
Question: Do the regulations state how long an STA prior consignee statement is valid for? If so, how long is the statement valid for and where does it state this in regulations? ************** Answers: EAR§740.20(d)(2) does not give any expiration for the Prior Consignee Statement, and so it would seem that the implication is these […]
Question: ECCN 5A992.c states, “Commodities that BIS has received an encryption registration or that have been classified as mass market encryption commodities in accordance with §742.15(b) of the EAR.” What does the first part of this (“BIS has received an encryption registration”) actually mean? That is, only companies themselves, and not products, can be registered […]
Question: The EAR that states that the person who files the EEI to the AES must be in the US at the time of the filing. How are exporters interpreting this when they use a shipment such as GTS that is connected to AES? Assuming the company who is the filer of record is […]
Question: We have an internal dispute: Would a regular calendar be “not subject” to the EAR, or subject and classified EAR99? 734.3(b)(2) lists specific exclusions – calendars not listed. “Items” include “commodities”, which is an “article” – is a calendar an article and hence EAR99? ========== Answers: All commodities/articles are subject to the EAR (unless […]
