Question: My company has an “End item” that is classified with an ECCN controlled for AT reasons. However, the end item has a component that is classified at a higher control, for MT & AT reasons. The End Item is in need of repair and the part required to fix it, is the part that […]
Question: Some ECCN entries within the EAR CCL simply reference “TECHNOLOGY” (ex. 4E980), and others reference “TECHNOLOGY” ACCORDING TO THE GENERAL TECHNOLOGY NOTE (ex. 3E102). What is the distinction here between the use of plain “technology” vs “technology” in reference to the general technology note? ************ ANSWER: Basically there is no distinction being made, you’re […]
Question: Here’s a scenario: Company ABC designs/develops an EAR99 product in the U.S. ABC’s factory in China uses the U.S. technology to make the product, and deliveries are made directly from China to customers in various countries. One of ABC’s customers is a South Korean company (an OEM with no U.S. ties whatsoever). This customer […]
Question: If I have an item that falls under EAR99 classification, when is a license required? Does it only require a license if it’s being shipped to one of the five debarred countries? *********** ANSWERS: No, check out the Entity List in the EAR *********** In addition to the prohibited destinations, you will need a […]
Question: If I have an item that falls under EAR99 classification, when is a license required? Does it only require a license if it’s being shipped to one of the five debarred countries? ********** Add’l Answer: No – you need to also check the name of the person you are sending it to – if they […]
Question: How are companies managing the requirement to log technical data exports under the EAR? Are you logging the export of technical data for everything; everything except EAR99 technical data; or only licensed technical data under the EAR? ========== Answer: Not sure what requirement you are referring to? Are you thinking of the 762 recordkeeping […]
Question: We manufacture electronic equipment that we have designated as EAR99. However, recently I was informed that some of our products with this designation contain MMIC power amplifiers. Do we need to make a classification determination based on the MMIC amplifier within the final product, or the final product performance and technical characteristics itself? ========== […]
Question: Our company builds products that are classified EAR99. There are some components that are controlled but usually just for AT. Also, the controlled components are available to the general public for purchase. My question is regarding plant tours. We are trying to decide if it is necessary to screen all individuals that we are […]
Question: If our wholly owned UK subsidiary wants to ship an EAR99 product to a sanctioned country, does the US headquarters have to apply for a license on their behalf? *********** Answers: Since U.S. regulations require U.S. approval for reexports of controlled U.S. technology, I believe the UK subsidiary can request those licenses directly. But […]
Question: I’m curious to know, what the membership’s view is regarding the need to obtain End User Certificates (EUC) prior to the export of their products. Do you obtain EUCs for every export, even EAR 99 or do you obtain EUCs for products classified under certain ECCNs (i.e. those ECCNs that have more than AT […]
Question: Does the FPPI letter from the Foreign Principal Party of Interest require an expiration date according to the regulations ************ ANSWERS: No. Authorization is valid until revoked by FPPI. ************ The letter does not have to contain an expiration date. It can be dictated to whatever parameters the shipper/consignee agree. It can be for […]
Question: In several places throughout the EAR, the words “controlled for national security” are used. Does this refer to “NS” controls only on the CCL, or is “national security” generalized to include all reasons for control? I have seen places where it specifically says “controlled for National Security (NS)” and then I have seen “national […]
