EAR: How to Classify Your Products?
What are Export Controls? U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S.
U.S. Export Control Laws 3 primary set of export and sanctions rules: • US Export Administration Regulations (EAR) • International Traffic in Arms Regulations (ITAR) • Economic Sanctions Regulations
Export Administration Regulations • Found in 15 CFR Parts 730-744. • Administered under International Economic Emergency Powers Act (IEEPA). • Controlled by the Commerce Department’s Bureau of Industry and Security (BIS). • Regulates exports including re-exports and deemed exports of commercial or dual-use goods, software and technology.
Commerce Control List (CCL) • CCL is a list of EAR controlled items. • Found in Part 774 of the EAR. • Used to determine export control classification and license requirements. • The CCL is divided into ten broad categories: –
0 = Nuclear Materials, Facilities and Equipment (and miscellaneous items) 1 = Materials, Chemicals, Microorganisms and Toxins 2 = Materials Processing 3 = Electronics 4 = Computers 5 = Telecommunications and Information Security 6 = Sensors and Lasers 7 = Navigation and Avionics 8 = Marine 9 = Propulsion Systems, Space Vehicles, and Related Equipment
CCL Categories Each category is further subdivided into five product groups: –A: Systems, Equipment & Components –B: Test, Inspection & Production Equipment –C: Materials –D: Software –E: Technology
What is Export Control Classification Number (ECCN)? • Each entry in CCL is called an Export Control Classification Number (ECCN). • ECCN is an alpha-numeric code used in the CCL to classify items for determination of export licensing requirements.
Classification in the CCL • Classification in one of the sub-categories is based on the ECCN of the end product. • Determine which sub-category best describes what is being classified. • Look at the lowest number-highest restriction article first. • Work by process of elimination from top to bottom until you find an ECCN that best describes the product.
Want to learn more about U.S. export controls, its regulations and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Essentials of Export Controls.
• How to Conduct Due Diligence for Exports to Sanctioned Coun • Mastering U.S. Export Administration Regulations.
• Implementing an Export Management and Compliance System • Multinational Scope of US Export Controls and Economic Sanctions Laws • Is your Export Control Program Up to Standard?