In conjunction with the Government’s ongoing Export Control Reform Initiative, the Bureau of Industry and Security (“BIS”) in the Department of Commerce is introducing some useful web-based tools for exporters. Three new interactive questionnaires will help exporters determine:
Whether goods, technologies, and software are “specially designed” for military use, and whether items are included in the new “600 series” of the Commerce Control List (“CCL”), which is designated for items moving from State Department control;
How goods, technologies, and software should be classified according to the new “order of review” for classification, which clarifies the process and takes into account the items moving to the CCL; and
Whether the export in question is eligible to benefit from the “License Exception STA” (Strategic Trade Authorization), which allows exports, reexports, and in-country transfers without licenses of certain controlled goods, technologies, and software to select low-risk countries.
What to Do with the New Tools
Note that these new tools help you with the revised regulations that don’t go into effect until October 15, 2013. But if you are an exporter of military aircraft, gas turbine engines or parts, components, equipment or software related thereto, get ready because these items will be moved from State Department control to Commerce control in this fall.
The tools can be found at these web addresses:
Commerce Control List (CCL) Order of Review Decision Tool
“Specially Designed” Decision Tool for exports after 15 October
Strategic Trade Authorization (STA) Interactive Compliance Tool
DO NOT use these tools as substitutes for carefully reading regulations and seeking advice when there is something that you do not understand. The tools are useful for organizing your thoughts when checking conclusions or doing first-blush analyses, but like all computer programs, they produce results that are specifically based on the accuracy of your inputs. However, these tools show you the new export control agenda, which is based on a catch and release principle. Get familiar with it… more revised regulations are coming.