Archive for the ‘CCL’ Category
Tuesday, September 7th, 2010 by John Black
You don’t have to have Batman’s “bat senses” to figure out that the pump and valve industry is doing their part to keep US Government export enforcement personnel busy. This time, the culprit is Tyco Valves & Controls (TVC) with 26 violations for illegal exports of ECCN 2B350 butterfly valves, ball valves, and valve assemblies to China, the UAE, Mexico, India, Israel, Brazil, Singapore, Chile, Jordan and El Salvador. The violations occurred between January 2005 and March 2007.
In this case, the US Government did not have to bring in Batman to find these illegal exports. TVC voluntarily disclosed its violations to the Department of Commerce and agreed to pay a $218,000 penalty to settle the charges.
Posted in BIS, CCL, China, Commerce Dept, Export License, India, Sanctions, Singapore, UAE, Violations & Fines | Comments Off
Tuesday, September 7th, 2010 by John Black
BIS Expands Controls on Foreign-Made Products and Changes TSR Written Assurance
In the July 30, 2010, Federal Register the Bureau of Industry and Security (BIS) published a revision to the Export Administration Regulations (EAR) that does two things. First, it changes the requirements for what has to be in the written assurance for exports and reexports under License Exception TSR. Second, it changes the destination countries for which the EAR asserts jurisdiction for foreign-made direct products of US technical data or software. (more…)
Posted in BIS, CCL, Commerce Dept, Commerce Dept, Cuba, EAR, Export License, Iran, North Korea, Sudan, Syria | Comments Off
Tuesday, September 7th, 2010 by John Black
As most of you already know, the Commerce Department Bureau of Industry (BIS) does not have the authority to issue an official ruling as to whether an item is on the Commerce Control List or the US Munitions List. The Directorate of Defense Trade Controls in the State Department is the only government agency that has the authority to determine whether an item is on the CCL or the USML. DDTC issues Commodity Jurisdiction Determinations (CJ) (or lesser known GJs) to provide an official determination as to whether something is on the USML or the CCL.
In fact, even if the CCL specifically says it controls an item, the CCL actually might not control that item. For example, ECCN 1A001 paragraph c says it controls parts that are specially designed for missiles. In fact, you will find that those 1A001 items specially designed for missiles are usually in Category IV(h) of the USML.
In the August 2, 2010, Federal Register BIS published a notice clarifying these facts stating that commodity classifications and advisory opinions that BIS issues may not be relied upon as determinations as to whether an item is subject to the Export Administration Regulations (EAR) or on the CCL. (more…)
Posted in BIS, CCL, Commerce Dept, Commerce Dept, DDTC, Defense Trade Controls, EAR, Export License, ITAR, State Dept, State Dept | Comments Off
Tuesday, July 20th, 2010 by admin
This article originally appeared in a slightly different form in International Trade Law360, July 1, 2010. Reprinted with permission of Pillsbury Winthrop Shaw Pittman LLP.
by Sanjay Jose Mullick
The Obama administration has taken the first step in export control reform by easing the pathway for U.S. companies to export certain encryption items.
The First Export Control Reform
On June 25, the U.S. Department of Commerce’s Bureau of Industry and Security issued new regulations governing export controls on encryption. This rulemaking represents the first formal example of the president’s initiative to reform U.S. export controls by concentrating regulation on the most sensitive items.
The new regulations reflect a recognition that encryption is ubiquitous in today’s high-tech world and cannot be completely regulated. These rules also attempt to address the need for U.S. companies to be able to get to market quickly, to foster the competitiveness of U.S. industry. However, they do not accomplish a complete de-control of encryption, and the prior system will remain in place for many products.
Although the regulations have been published as an interim final rule with a request for comments, they likely reflect the prevailing framework for regulating encryption exports going forward. Let’s take a look at some of the key elements of the new rules and how they will impact exporters. (more…)
Posted in BIS, CCL, Commerce Dept, EAR, Encryption, Export License, Uncategorized | Comments Off
Wednesday, June 9th, 2010 by John Black
Editorial Analysis by John Black
I am old. I can’t even count the number of times I have heard well intentioned high level government officials tell us that they plan to make significant reforms in the US export control system. Some government officials have told me that they are going to make the system so transparent and user friendly that they will put consultants like me out of business.
It’s been 26 years for me in this business and numerous government pledges to make things better. As far as I can tell, I am still here and there is still a huge demand for assistance in dealing with the infinite number of problems that US export controls create for companies who try to comply with the rules. Yes, this reform could be different.
So, I apologize (for a change) in advance for being the cynic as a good number of my peers spout enthusiastically about Defense Secretary Gates’ call for comprehensive reform to the US export control system. Reform certainly makes sense. Comprehensive reform could both promote national security and make compliance a bit easier for companies.
Comprehensive reform is highly unlikely. Adjustments to certain aspects of US export controls might be the better-than-nothing result we should hope for. And, changes to the current system that will create a lot of extra work for us without actually improving anything is what we should fear. (Well, this last scenario will probably be a gold mine for my seminar and consulting businesses.) (more…)
Posted in BIS, CCL, Commerce Dept, DDTC, DOD, DOJ, Defense Trade Controls, Defense Trade Controls, EAR, Export License, State Dept, State Dept, USA Regulations | Comments Off
Friday, September 25th, 2009 by Danielle McClellan
One of the most obvious trends in US export and reexport controls is the dramatic increase in the number of enforcement cases for companies charged with violating US rules. If you add complicated export and reexport regulations to the fact that potentially hundreds of employees in a single facility may export technical data, software or hardware, company compliance personnel certainly are under a lot of pressure to keep their companies out of trouble. Training has to be a critical element of any company’s export compliance program, whether you have a team of export specialists or one person responsible for export controls. Without consistent education on the EAR and ITAR you and your company are very susceptible to running afoul of the complex and changing regulations.
The Export Compliance Training Institute (“ECTI”) has created its e-Seminars to deliver expert training to individuals and companies that need training but don’t have the travel budget or the time to travel to a live, in person seminar. ECTI’s e-Seminars offer an in-depth understanding of the current regulations and what you need to do to keep your company compliant – without leaving your desktop. Two e-Seminars are available: US Export Controls and US Defense Trade Controls. John Black and Maarten Sengers, two of the world’s leading export compliance experts and teachers, are the e-Seminar instructors.
e-Seminars include video presentations, seminar slides and our seminar manuals on a usb drive with free next day shipping to the 50 US Continental States.
For more information go to learnexportcompliance.com/training/e-seminars.php
Posted in BIS, CCL, DDTC, Deemed Export, Denied & Restricted Parties, Dual-Use, Dual/3rd Party Nationals, EAR, Embargoes, Export License, Information Technology, Nonproliferation & Nuclear, Violations & Fines | Comments Off
Tuesday, September 1st, 2009 by Danielle McClellan
You’ve spent a good part of your career trying to learn the export regulations and maybe all you have to show for it is those “he/she must be crazy” looks you get from your co-workers when you explain why export controls are going to slow down their business plans. The Export Compliance Training Institute (“ECTI”) now has an Export Compliance Propfessional (ECOP) Accreditation Program that will enable you to demonstrate in a tangible way that you know what you are talking about: The ECOP Accreditation Program will enable you to demonstrate that you have reached and maintained a high level of export regulations expertise.
ECOP Accreditation is a three part process: First, you have to take an export compliance seminar (either a live seminar or an e-seminar) from ECTI. Second, you have to take and pass the ECOP Accreditation Test. Third, you have to meet the continuing education requirements by taking at least one ECTI seminar or other authorized seminar (currently BIS and SIA seminars) at least once every two years. If you do not pass the test the first time, ECTI will tell you which questions you got wrong and you may take the test again for free.
There is an ECOP Certification for the Export Administration Regulations and another ECOP certification for the International Traffic in Arms Regulations.
To take the tests or for more information, contact Jill Kincaid at jill@learnexportcompliance.com or go to http://learnexportcompliance.com/training/accreditation.php.
Posted in BIS, CCL, DDTC, EAR, Export License, OFAC, Violations & Fines | Comments Off
Friday, May 1st, 2009 by Danielle McClellan
Effective May 6, 2009, the Commerce Department revised the Commerce Control List (CCL) to remove all references to the CCL having export/reexport jurisdiction over the T-37 military jet trainer aircraft and specially designed components. Although the T-37 appeared on the CCL, the CCL did not have jurisdiction over the T-37 because the US Munitions List in the International Traffic in Arms Regulations had jurisdiction over the T-37. BIS removed the misleading CCL claim of jurisdiction over the T-37 to reduce confusion by the public.
Posted in Aerospace, BIS, CCL | Comments Off
Friday, May 1st, 2009 by Danielle McClellan
The House Committee on Foreign Affairs has approved legislation which would amend parts of the Arms Export Control Act (AECA), which is the law that underlies the International Traffic in Arms Regulations. The bill is appropriately titled, “Foreign Relations Authorization Act, Fiscal Years 2010 and 201.” The bill is set to make some much needed changes; the biggest problem it faces is its mucky wording that is misunderstood by many. (more…)
Posted in BIS, CCL, China, DDTC, ITAR, Violations & Fines | Comments Off
Monday, March 30th, 2009 by Danielle McClellan
BSG Consulting has created the Corporate Export Control Classification Database, a complimentary service. The database includes internet links which provide users with direct access to export control classification numbers (ECCNs) and other export-related information made available by manufacturers.This great new tool will save you hours of searching manufacturers sites for ECCNs.
Database available at: www.tradecontrols.com/geteccn.php
Posted in CCL, EAR, USA Regulations | Comments Off
