What is export control reform?

The Act aims to restrict the export of emerging and foundational technologies that can potentially be used for civilian and military purposes (‘dual use technologies’) and that have not been subject to export control in the past.

Table of Contents

When did export control reform begin?

2009
The intention of the Export Control Reform initiative, which began in 2009, was to simplify the export of controlled items while refocusing on critical national security policies. Export Control Reform Act became law in August 2018 as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

What can be covered by export control?

Federal export control laws restrict the export of goods, technology, related technical data, and certain services in the interest of protecting the national security and domestic economy.

What is the ear entity list?

The Export Administration Regulations (EAR) contain a list of names of certain foreign persons – including businesses, research institutions, government and private organizations, individuals, and other types of legal persons – that are subject to specific license requirements for the export, reexport and/or transfer ( …

How many types of export control exist?

The three primary sources of export control regulations are the U.S. Department of Commerce Export Administration Regulations (EAR), the U.S. Department of State International Traffic in Arms Regulations (ITAR), and the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC).

What is one of the reasons for export controls?

Export controls usually arise for one or more of the following reasons:

The nature of the export has actual or potential military applications or economic protection issues.
Government concerns about the destination country, organization, or individual.

How do I know if I have ITAR control?

See Department of State, Office of Defense Trade Controls, at pmddtc.state.gov or bis.doc.gov/index.php/decision-tree-tools. If an item is not controlled by ITAR under the Munitions List, then look at the CCL administered by the Department of Commerce’s Bureau of Industry and Security.

Is DJI on the Entity List?

DJI — one of the largest and most popular drone companies in the world — has been added to the US Department of Commerce’s Entity List, designating the Chinese company as a national security concern and banning US-based companies from exporting technology to the company.

Is China Mobile on the Entity List?

For China Telecom and China Mobile, their additions to the entity list come as no surprise as the two telcos were already booted off the New York Stock Exchange by the US Treasury Department at the start of last year. The FCC in October also ordered the removal of China Telecom’s authority to operate in the US.

What’s NLR & when is it required?

No License Required (NLR) is the designation given to commodities and related technology that do not require a license to be exported out of the United States. Most exports from the United States do not require a license, and are therefore exported under the designation NLR.

Which are the two types of export control?

What are the export controls and what do I need to check?

Commodity controls. This regulates the goods being exported.
Prohibited destinations. Some countries may have embargoes or sanctions in place, which means you might not be able to ship goods there.
Denied Party lists.
End-use of your goods.

How many types of export control are there?

What countries can the U.S. not export to?

The Bureau of Industry and Security (BIS) implements U.S. Government certain sanctions against Cuba, Iran, North Korea, and Syria pursuant to the Export Administration Regulations (EAR), either unilaterally or to implement United Nations Security Council Resolutions.

How do you get around ITAR?

The ITAR Compliance Checklist

Determine Jurisdiction.
Review the ITAR.
Register with Directorate of Defense Trade Control.
Classify Your Goods Using the U.S. Munitions List.
Know the End Use and End User.
Apply for an Export License.
Fulfill Reporting Requirements.
Create and Maintain an Export Compliance Program.

Is DJI a blacklist?

Hong Kong (CNN Business) The United States has added drone maker DJI and seven other Chinese companies to an investment blacklist, raising even more pressure on businesses in the world’s second largest economy.