Export Classification & Licensing

Export Classification & Licensing

To verify as to whether or not authorization is required to export is determined by the following criteria in the transaction:

1) what is the ECCN of the item

2) where it is going

3) who is the end-user

4) what is the end-use.

While the majority of U.S. commercial exports do not require a license, the first step in this process is determining the correct classification of your item.

Under the EAR (Export Administration Regulations), you should take steps to determine which federal agency has jurisdiction over your item. Here are a few:

• U.S. Department of Commerce
• Department of State – ITAR (International Traffic in Arms Regulations)
• Department of Treasury – OFAC (Office of Foreign Asset Control)

If your item is subject to the jurisdiction of the U.S. Department of Commerce, you must then determine if your item has a specific Export Control Classification Number (ECCN) found on the Commerce Control List (CCL). Keep in mind that items subject to the Export Administration Regulations (EAR) that are not listed on the CCL are designated EAR99

There are three ways to determine the Export Control Classification Number (ECCN) for your product.

1. Go to the Source.

Contact the manufacturer, producer, or developer of the item you are exporting to see if they have classified their product and can provide you with the ECCN. If they have exported the item in the past, it is likely they have the ECCN. Keep in mind that ECCNs may change over time, so please review the ECCN to be sure you are in agreement.

2. Self-Classify.

In order to perform a self-classification, you must have a technical understanding of your item, and you need to be familiar with the  structure and format of the CCL. The CCL is divided into ten categories, represented by the first digit of the ECCN. Each of the ten categories is divided into five product groups, represented by the second digit of the ECCN. Once the appropriate category and product group are identified, match the particular characteristics and functions of your item to one of the specific ECCNs that follow.

You can also utilize the Commerce Control List Index to navigate the CCL. Begin by searching for your item on the CCL Index. When you find a potential ECCN, you must then read through the ECCN entry on the CCL before determining if your item fits into the parameters of that ECCN. If the ECCN contains a list under the “Items” heading, broken down into subparagraph(s) it is important to read through these subparagraph(s) to determine that your item meets the technical specifications listed in the ECCN category. You may need to review more than one ECCN description before you find the correct ECCN entry.

3. Request an official classification from the Bureau of Industry and Security (BIS).

Submit a commodity classification request online through the Simplified Network Application Process – Redesign (SNAP-R). You must obtain a Company Identification Number (CIN) before accessing the online SNAP-R system and submitting your request.

4. What if my product is not listed?

After careful review of your item against the CCL, if you are convinced your item does not fit into the parameters of any ECCN, your item may be designated as EAR99, keeping in mind it is not controlled by another agency. If this is the case, your item may be exported using the license exception NLR specifying no license is required, as long as all of the following criteria is met:

• The item is not being shipped to a sanctioned destination
• The item is not being shipped to a denied person, sanctioned entity, or prohibited end-user
• The item will not be used for a specific end-use, subject to higher controls.

 

EAR99 items generally consist of low- technology commercial goods and do not require a license in many situations.

An Export Control Classification Number (ECCN) is an alpha-numeric code such as 3A001, which describes a particular commodity, software or technology and the related technical parameters.  The ECCN also indicates the types of controls placed on that item.

The first digit is Commerce Control List categories:
0 Nuclear & Miscellaneous
1 Materials, Chemicals, Microorganisms and Toxins
2 Materials Processing
3 Electronics
4 Computers
5 Part 1 -Telecommunications
5 Part 2 – Information Security
6 Sensors and Lasers
7 Navigation and Avionic
8 Marine
9 Aerospace and Propulsion

The second digit is one of 5 Product Groups:
A Systems, Equipment and Components
B Test, Inspection and Production Equipment
C Material
D Software
E Technology

The third digit is the Reason for Control:
0: National Security (NS)
1: Missile Technology (MT)
2: Nuclear Nonproliferation (NP)
3: Chemical & Biological (CB)
9: Anti-terrorism (AT), Crime Control, Regional Stability, Short Supply, US Sanctions, etc.

Once you have classified your item and know its reason, or reasons for control, the next step is to review the Commerce Country Chart.

The Country Control Chart contains license requirements based on destination and reason for control and allows you to determine whether a license is required for an item on the Commerce Control List to any country in the world.

The first column on the Country Chart lists all the countries in alphabetical order. On the horizontal headers (stretching out to the right) identifying the various Reasons for Control. To use the Commerce Country Chart, you match the country of destination with the specific Reason for Control of the item. If there is an “X” in the box, a license is required based on that Reason for Control – unless the transaction is eligible for a license exception and no other restrictions apply.

If there is no “X” in the box, a license is not required based on the Reason for Control – unless other restrictions apply, such as an export to an end-user or end use of concern.

> It is important to note that most items Subject to the EAR are not on the Commerce Control List and are designated as EAR99.

Please feel free to contact us at superior@supfrt.com if we can assist.