Exporters must review their operations to be sure they adhere to all export regulations. With various U.S. federal government agencies doing audits on exporters, such as the Foreign Trade Division of the U.S. Census Bureau, the U.S. Department of Commerce Bureau of Industry and Security (BIS), the U.S. Department of the Treasury’s Office of Foreign Assets Control, and the State Department, exporters should look at their international controls now to be certain they are compliant with all of the export regulations that govern their products.
A U.S. exporter must always remember the following: Acting through a forwarder or other agent does not relieve the exporter of export compliance responsibility. Exporters must check the parties to their export transactions against the most recent “Excluded Parties Lists”. This link to the U.S. Department of Commerce Bureau of Industry and Security website provides helpful guidance on recognizing “red flag” indicators. For a complete consolidated listing go to: http://www.export.gov/article?id=Consolidated-Screening-List
Please also note that Amobelge screens all new parties against excluded parties lists.
Things to Consider Before You Export
A. Commodity Type
What is the intended use of the commodity? What is the Harmonized Tariff Schedule (HTS) or Schedule B number for your commodity?
Under U.S. law it is the responsibility of the exporter to classify all items to be exported and to determine if an export license is required from any United States governmental entity.
Schedule B Search Engine: www.census.gov/scheduleb
or Google “Schedule B Search Engine”.
B. Are any of your commodities listed under the Commerce Control List (CCL)?
If your commodity does come under the CCL, the exporter must provide the Export Commodity Classification Number (ECCN). You must know if a license is required to your export destination, or if an exception can be used for each transaction.
Alphabetical Listing for the CCL:
Please refer to the BIS website for more information concerning ECCN numbers, licenses and exceptions
For counseling assistance by telephone, contact one of the BIS counselors at (202)482-4811 for Washington, D.C., or (949)660-0144 for Western Region, or 408-998-8806 for No.California Branch or by email: ECDOEXS@BIS.DOC.GOV
C. Do any of your commodities fall within the International Traffic In Arms Regulations (ITAR)? Is your commodity referenced on the U.S. Munitions List (USML)?
If your commodity does come under ITAR, the exporter must provide the license number or an ITAR exemption number for each transaction. Your company must also be registered with the US Department of State, Directorate of Defense Trade Controls. 202-663-1282
Please refer to the U.S. Department of State website for more information regarding ITAR and USML lists and getting started with defence trade.
Go to www.pmddtc.state.gov
D. What countries do you export to?
The U.S. Department of Treasury Office of Foreign Assets Control lists the sanctions and embargoes the US has imposed on certain countries.
Go to www.treas.gov/resource-center/sanctions/pages/default.aspx
The U.S. Department of State also has a list of trade policies by country
Go to www.pmddtc.state.gov Click on the “Country Policies” tab.
E. What is the end use of your product?
This is a question that concerns the U.S. federal government for security, national defense, and anti-terrorism reasons. Some end-uses are prohibited while others may require a license. For example, you may not export to certain entities involved in the proliferation of weapons of mass destruction (e.g., nuclear, biological, chemical) and the missiles to deliver them, without specific authorization, no matter what your item is. For more information on prohibited end-uses, please refer to Part 744 of the Export Administration Regulations. For information on “Validated End User Program” go to:
Go to www.bis.doc.gov/index.php/licensing/validated-end-user-program
F. Are you exporting to the Middle East? Do you know about anti-boycott laws?
Exporters must be aware of the anti-boycott laws that were adopted to encourage, and in specified cases, require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction. They have the effect of preventing U.S. firms from being used to implement foreign policies of other nations which run counter to U.S. foreign policy.
Information on anti-boycott laws and practices can be found on the BIS website
www.bis.doc.gov/index.php/enforcement.oac Click on “Enforcement” tab.
Anti-boycott types of requests or problematic language are often included in letters of credit. U.S. companies continue to report receiving requests to engage in activities that further or support the boycott of Israel. Compliance with such requests may be prohibited by the Export Administration Regulations and reportable to the U.S. Department of Commerce. If you have questions, please call (202)482-2381 and ask for the BIS duty officer
G. Are your commodities considered to be hazardous for shipping purposes?
Each mode of shipping has specific hazmat regulations. The Federal Aviation Administration has been especially persistent in checking commodities and tracking it back to the exporter to see if the exporter’s staff has updated hazmat training. All modes of transportation have increased inspection of hazardous materials.
Links to U.S. Export Regulations
This brief guide is intended to highlight some of the major responsibility exporters must adhere to under various U.S. export laws and regulations. The laws and regulations cited in this guide are not all-inclusive. Depending on the commodity an exporter may have responsibilities under other U.S. federal government department and agency laws, for example:
U.S. Food and Drug Administration
U.S. Department of Agriculture
U.S. Nuclear Regulatory Commission
Drug Enforcement Administration
U.S. Department of Justice
Prior to exporting check with any department or agency that may have jurisdiction over the commodity to be exported.