Export Control Regulations are federal laws that restrict the export of certain articles, services, and technical data outside the United States without approval. Defense and Aerospace related exports are defined by the U.S. Munitions List (USML) and controlled by the International Traffic in Arms Regulations (ITAR). Dual Use and Commercial exports are defined by the Commerce Control List (CCL) and controlled by the Export Administration Regulations (EAR).
It means that the articles, services, or technical data are listed in the U.S. Munitions List (USML) under the ITAR or the Commerce Control List (CCL) under the EAR and the export to a foreign person will require approval.
Export compliance is the processes and procedures that an organizations follows to abide by the ITAR and EAR. A Compliance Program includes registration, training, a Technology Control Plan (TCP), and an Audit plan. Excelerate created the “Starter Bundle” to quickly establish an Export Compliance Program.
There is no certification authority or process associated with an Export Compliance Program under the ITAR or EAR. Having a Compliance Program is required though. Excelerate makes establishing a one an easy process.
This is the winner for the most asked question, and you should plan on an approval taking about two months to process through the review system. The best way to improve processing time is to ensure that the license or agreement application are completed correctly. Excelerate provides a Money Back Guarantee for licensing.
There are a few different license types but essentially it provides an approval mechanism to allow export of hardware or data – not services. An agreement is an approval of a Scope-of-Work. There are a few different Agreements, but it allows the U.S. and foreign parties to collaborate. Excelerate can help you identify the best path forward related to needing a license or agreement.
This is a common but difficult question to answer since it all depends on what you are exporting, who the end user is, and what the end use will be. Just give us a call and we can help answer that question.
A Commodity Jurisdiction Request (CJR) to Defense Trade Controls or a Commodity Classification Request (CCR) to Bureau of Industry and Security (BIS) can be submitted asking for their classification assessment. They will provide a letter indicating if and where the item is export controlled. Excelerate does many of every year.
The EAR approval license is called the SNAP-R which allows a Commerce Control List (CCL) item to export from the U.S. A CCL item is categorized under an Export Control Classification Number (ECCN). Excelerate submits just as many EAR license applications as ITAR these days. Let us know if we can help.
If an export is classified as EAR99 then the item is not listed in the US Munitions List (USML) or the Commerce Control List (CCL) so it is not export controlled requiring approval to export. Items that are EAR99 do not require approval to export. The term “No License Required” or NLR is the same as EAR99 but it also can be used when something is listed under the CCL but does not require a license or approval to export. Keep in mind that an EAR99 and NLR designation doesn’t mean they can leave the U.S. to anyone since all exports must abide by export U.S. General Prohibitions such as embargoed countries and other restrictions.