U.S. Export Controls A Commerce Department Perspective EAR BOOT CAMP ECCN, EAR99 and the 600 Series Chicago, IL Oct 9, 2013 Gene Christiansen 202 482 2894
[email protected] Factors to be considered in determining if item is “subject to the EAR” • Jurisdiction – Characteristics of Item: • Nuclear---Energy, NRC, Commerce • Military---USML, Commerce • Destination Country – For Cuba, Iran, N Korea, N Sudan and Syria---OFAC • Public Domain technology and software What is covered under the Commerce Control List (CCL) • Everything not under the jurisdiction of another Agency or technical data that is not in the public domain. See part 734.3 – All items in the United States – All U.S. origin items wherever they are – Foreign made items that include in excess of de minimis value of controlled U.S. origin content. – Foreign made items that are the direct product of certain U.S. origin technical data or software. – Certain commodities produced by any plant located outside the U.S. that is the direct product of certain U.S. origin technical data or software Navigating the Commerce Control List (CCL) • The Commerce Control List – 10 categories • 0 Nuclear and miscellaneous • 1 Materials, chemicals, microorganisms, toxins • 2 Materials processing • 3 Electronics computers • 4 Computers • 5 Telecommunications and encryption • 6 Sensors • 7 Navigation and avionics • 8 Marine • 9 Propulsion systems and space vehicles Navigating the Commerce Control List • The Commerce Control List – 5 groups • A--- Equipment—end items • B--- Test and production