| Does the ITAR or the EAR apply to my Product or Service? |
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As consultants to a large number of different manufacturers and exporters, two of the most commonly asked questions we receive are, “How can I tell if my product or service is controlled by the ITAR?” and “Is my product export controlled at all?” Anyone who has spent much time trying to classify an article or service can certainly understand why all the confusion exists. We all know that certain items such as missiles, machine guns, or tanks fall under ITAR control but, what about lesser components and systems such as discrete electronics, nuts & bolts, and other semi commercial parts found in military equipment? To help manufacturers and exporters, Excelerate offers three different services designed to make classification of your commodities as straightforward and painless as possible. Self Determination – For a company attempting to classify their products, Excelerate will work closely with you and mentor your organization through all the steps required to determine whether your commodity is controlled by the ITAR or the EAR. We will take you through the ITAR (USML) and EAR (CCL) regulations that apply to your product or service, and coach you through the creation of an ITAR/EAR Determination Statement*. Excelerate Advisement – Would you rather Excelerate do all the heavy lifting so that you can get to all the other items on your to do list? If so our Excelerate Advisement option is probably right for you. Excelerate will perform an in depth technical review of your product or service and communicate with the appropriate Government agencies as necessary to make an advisement as to whether your commodity is controlled by the ITAR or EAR. Excelerate will then provide a determination statement citing the ITAR / EAR regulations as to the reason for control and the related technical aspects of your product. Commodity Jurisdiction Request – Sometimes research into the regulations simply isn’t enough. Many times doubt can still exist as to whether a commodity is controlled by the ITAR, or perhaps the manufacturer / exporter wants the Government to consider a reclassification of a product or service currently covered by the ITAR’s USML. In this case it is Excelerate’s recommendation to submit a Commodity Jurisdiction Request (CJR). A CJR is the formal review process that takes place between the Department of State (DOS) and other agencies to establish a final ruling on the control of a product or service. Excelerate will create a technical write up on your product and more importantly present your case accurately as to why ITAR restrictions should be reduced or removed. We will support your company through the negotiation process with DOS until a final determination is made. * Why is a determination statement important? In the event that a US Government audit occurs of your business it is in your best interest to show that you have taken due diligence as to whether your article or service is export controlled. A determination statement is most important when you have determined that your commodity is not controlled by the ITAR. |
