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Export Controls
While most exports from the U.S. can be made with minimal regulatory control, it is important for all exporters to be familiar with Export Controls and regulations. Numerous federal agencies are responsible for export controls and are available for assistance.
Department of Commerce - Bureau of Export Administration (BXA) - is responsible for the development and administration of export controls and regulations through the Export Administration Regulations (EAR). Recent changes in these regulations have been made and it is important to be familiar with how these regulations effect your exports. Under the Export Administration Regulations there are two "classes" under which your product may fall in regard to the need for export licensing. These are shipments that require individual "Validated Export" licenses or shipments that fall under "License Exceptions". To determine how export controls effect your shipments you will need to know the following:
- Classification (under the Harmonized Schedule B Tariff Rates and Export Regulations)
- Destination
- End User
- End Use
Department of State - Office of Defense Trade Control - controls exports of defense related articles and munitions items. For more information or clarification, call 703-875-6644.
Department of Justice - Drug Enforcement Agency - controls the exports of narcotics and dangerous drugs. For more information or clarification, call 202-307-7181.
Department of Energy - governs the export of natural gas and electric power. For more information or clarification, call 202-586-0823.
Nuclear Regulatory Commission - governs the export of nuclear equipment and materials. For more information or clarification, call 301-504-2342.
Department of Interior - controls exports of endangered fish and wildlife, migratory birds and bald and golden eagles. For more information or clarification, call 703-358-2104.
Department of the Treasury - Office of Foreign Assets Control - controls transactions between U.S. persons and embargoed countries. For more information or clarification, call 202-622-2490.
Department of Treasury - Bureau of Alcohol, Tobacco and Firearms - controls the export of alcohol and cigarettes. It also controls temporary import of firearms. (Permanent imports of firearms/defense articles are controlled by the Department of the Treasury). For more information or clarification, call 202-927-8140 for ALCOHOL and 202-927-8200 or 8210 for TOBACCO & FIREARMS.
Department of Commerce - Patent and Trademark Office - controls the export of unclassified technical data in the form of a patent application.
Your freight forwarder is an important source of information as well.
Export License Exceptions
It is important to determine the status of your shipment in respect to export controls before you begin the export process to ensure the timely movement of your shipment and its compliance with all applicable laws and regulations. Export license exceptions apply to two categories of exported commodities: (1) items which fall within the scope of the Export Administration Regulations but which are not listed in the Commerce Control List - CCL (CCL - Supplement #1, Section 774) and (2) items which are listed in the CCL under an Export Commodity Control Number (ECCN) which specifically allows one of the following license exceptions. Exporters use or invoke these exceptions by entering the license exception symbol on the Shipper’s Export Declaration (SED, block 21) and signing the Declaration. Note also that these license exceptions apply only to Bureau of Export Administration (BXA) controlled exports; they do not apply to defense articles, nuclear materials or articles controlled by other export codes or regulations.
| EXPORT CONTROLS TOP OF PAGE |
|
SYMBOL |
DESCRIPTION |
LICENSE EXCEPTION EXPLANATION |
EAR Section |
|
NOL |
Not On List |
Items within the scope of the EAR not listed in the CCL |
758.1 a)4 |
|
NLR |
No License Required |
CCL items exported to destinations that do not need licenses |
758.1 a)3 |
|
LVS |
Limited Value Shipment |
Items of values less than the ECCN limit sent to free world countries |
740.3 |
|
GBS |
Group B Shipment |
Items identified as eligible for GBS to free world countries |
740.5 |
|
CSR |
COCOM Successor Regime |
Items identified as eligible for CSR to qualified countries: Australia, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States |
740.4 |
|
NSG |
Nuclear Supplier Group |
Items identified as eligible for NSG to qualified countries: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States |
740.6 |
|
SAF |
Nuclear Safeguards Agencies |
All but supercomputers sent to nuclear safeguards agencies |
740.14 |
|
CIV |
Civilian End Use |
Items identified as eligible for qualified civilian end use |
740.7 |
|
TMP |
Temporary Export |
Items or software for use by U.S. citizens and return to U.S. |
740.9 |
|
PTS |
Parts |
One for one replacement parts for items legally exported |
740.10 |
|
S&R |
Servicing & Replacement |
Return of items or software imported for servicing |
740.11 |
|
GOV |
Governments |
Items sent to agencies or employees of the U.S. or cooperating governments |
740.15 |
|
GFT |
Gift Parcels |
Items sent to an individual, charitable…, as a gift i.e. not for sale |
740.16 |
|
A&V |
Aircraft & Vessels |
U.S. or foreign aircraft or vessels (ships) leaving the U.S., reasonable items carried for use, and items carried by or sent to aircraft or ships registered in either the U.S. or Canada |
740.13 |
|
BAG |
Baggage |
Property of passengers leaving the U.S. for personal use i.e. not for sale |
740.12 |
|
NPR |
Non Naval Petroleum |
Petroleum products not from Naval Petroleum Reserves |
754.3 c) |
|
WRC |
Western Red Cedar |
Logs not from federal or state forests in the lower 48 states |
754.4 c) |
|
TUS |
Temporary U.S. |
Foreign origin items temporarily in U.S. i.e. for trade shows etc. |
740.9 |
|
GSN |
General Software |
Software available as mass market items in stores |
740.20 |
|
STS |
Sales Technology & Software |
Technology or software normally used to sell (market) products |
740.18 |
|
OTS |
Operational Technology & Software |
Minimum need to operate legally exported products |
740.16 |
|
SUD |
Software Updates |
Updates of object code to legally exported software |
740.19 |
|
TSR |
Restricted Technology & Software Public Data |
Not available to the public, needs written assurance.
Technology and Software available to the public are not subject to any export controls. Public data is available to all destinations including those subject to denial orders or embargoes. |
740.21
732.3 b) |
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