• BIS

    BIS Annual Conference 2020

  • Temporary

    Temporary General License: Extension of Validity, effective February 13, 2020 BIS Final rule

  • Chinese

    Chinese Telecommunications Conglomerate Huawei and Subsidiaries Charged in Racketeering Conspiracy

  • Iranian

    Iranian Export Company Executive Sentenced for Violating U.S. Sanctions Against Iran

  • Category

    Category I-III (firearms) final rule published 01/23/2020 (85 FR 4136)

  • Five

    Five Men Indicted For Operating An International Procurement Network To Export Goods From The United States To Pakistan's Nuclear Program

  • Addition

    Addition of Software Specially Designed to Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series, published 01/06/20 (85 FR 459)

  • On

    On December 13, 2019, Deputy Assistant Secretary Borman participated in the European Union Export Control Forum in Brussels, Belgium

  • Temporary

    Temporary General License: Extension of Validity, effective November 18, 2019

  • Entity

    Entity List final rule published 11/13/19 (84 FR 61538)

  • Cuba:

    Cuba: Restricting Additional Exports and Reexports

  • Entity

    Entity List final rule published 10/09/19 (84 FR 54002)

  • Iranian

    Iranian Citizen Sentenced For Conspiring To Facilitate The Illegal Export Of Technology To Iran

  • On

    On December 13, 2019, Deputy Assistant Secretary Borman participated in the European Union Export Control Forum in Brussels, Belgium

  • Luthmann

    Luthmann Sentencing Press Release

  • Huawei

    Huawei Entity Listing Temporary General License Extension FAQs

  • Huawei

    Huawei Entity Listing FAQs

  • BIS

    BIS Publishes Due Diligence Guidance Concerning Exports, Reexports, and Transfers (In-Country) to Pakistan

  • Iranian

    Iranian Businessman Pleads Guilty To Conspiracy To Violate U.S. Sanctions By Exporting Carbon Fiber From The United States To Iran

  • Man

    Man Taken into Custody after Being Charged with Illegally Exporting Prohibited Manufacturing Equipment to Iran

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Consolidated Screening List

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Report Violations

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Events

February 19-20, 2020 San Diego, CA

san diego caFebruary 19-20, 2020 San Diego, CA

Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods. We will focus on what items and activities are subject to the EAR; steps to take to determine the export licensing requirements for your item; how to determine your export control classification number (ECCN); when you can export or re-export without applying for a license; export clearance procedures and record keeping requirements; Export Management Compliance Program (EMCP) concepts; and real life examples in applying this information. Presenters will conduct a number of "hands-on" exercises that will prepare you to apply the regulations to your own company's export activities. This one-of-a-kind program is well suited for those who need a comprehensive understanding of their obligations under the EAR. Continuing legal education credit (MCLE) is available, and varies with the length of each seminar, for California State Bar members.

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February 21, 2020 San Diego, CA

san diego caFebruary 21, 2020 San Diego, CA

How to Build an Export Compliance Program

This one-day workshop that provides an overview of the steps a company may take to implement an internal Export Compliance Program.  Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the EAR, and to prevent export control violations.  Agenda topics include guidance on how to establish an Export Compliance Program, strategies to enhance your company’s compliance program, how to avoid common compliance errors, and how to build a solid framework for your company’s compliance program.  This program includes small group discussion, hands-on exercises, and compliance peer networking, and provides a written example of an export compliance program as well as the Office of Exporter Services January, 2017 revised Export Compliance Guidelines to assist in developing your compliance program.  Recommended prerequisite:  Essentials of U.S. Export Controls or Complying with U.S. Export Controls or equivalent experience.

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February 25-26, 2020 San Antonio, TX

San Antonio_TXFebruary 25-26, Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR).  The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods, and other items subject to the EAR.  We will focus on what items and activities are subject to the EAR, how to determine your export control classification number (ECCN), steps to take to determine the export licensing requirements for your item, when you can export or reexport without applying for a license, export clearance procedures, and record keeping requirements.


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April 1-2, 2020 Los Angeles, CA

losangelesApril 1-2, 2020, 14th Annual Export Control Forum

The Export Control Forum will return to Southern California this Spring with a full agenda dedicated to recent developments in the export control field. This day-and-a-half conference will provide a convenient, West Coast alternative to the Annual Conference on Export Controls that BIS has conducted in Washington, D.C. for 30 years. This year’s Forum will feature numerous regulatory, policy, licensing and enforcement experts from the principal U.S. export control agencies. As in years past, the event will include a networking opportunity at the close of the first day, where participants may interact with the speakers and other attendees in a more congenial environment. For those interested in showcasing their products or services, the conference will also offer the opportunity to be an exhibitor, facilitating your ability to reach many of the most experienced professionals in the field. We truly look forward to presenting this event on the West Coast and hope to see you there!

For the latest information on the content of the Export Control Forum, please contact the BIS Western Regional Office at 949-660-0144 or 408-998-8806.

The Export Control Forum details the significant changes that have recently occurred and offers a “look ahead” for developments you can expect in the future.  It is not a basic, “how-to” course.  If you are new to the export control arena, we encourage you to attend one of the many “Complying with U.S. Export Controls” seminars BIS offers throughout the country.  Those events cover the Export Administration Regulations in a step-by-step manner, enabling you to understand and comply with relevant export controls.
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14th Annual Export Control Forum

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April 15-16, 2020 Harrisburg, PA

April 15-16, 2020 Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods. We will focus on what items and activities are subject to the EAR; how to determine your export control classification number (ECCN); steps to take to determine the export licensing requirements for your item; when you can export or reexport without applying for a license; export clearance procedures; and record keeping requirements.
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April 28 - 29 Irvine, CA

irvine caFebruary 25-26, Complying with U.S. Export Controls

This two-day program is led by BIS's professional counselling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The seminar will also feature guest speakers from the BIS Office of Export Enforcement; the U.S. Census Bureau; and the Department of Treasury, Office of Foreign Assets Control. The program will cover the information exporters need to know to comply with U.S. export control requirements under these regulations. We will focus on what items and activities are subject to the EAR; steps to take to determine the export licensing requirements for your item; how to determine your export control classification number (ECCN); when you can export or reexport without applying for a license; Automated Export System (AES) procedures and requirements; sanctions programs; Export Compliance Program (ECP) concepts; and real life examples in applying this information. Presenters will conduct a number of "hands-on" exercises that will prepare you to apply the regulations to your own company's export activities. This one-of-a-kind program is well suited for those who need a comprehensive understanding of their obligations under the EAR.


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May 19-20, 2020 Charleston, SC

Charleston SC IMG 1082

May 19-20, Charleston, SC

Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR).  The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods, and other items subject to the EAR.  We will focus on what items and activities are subject to the EAR, how to determine your export control classification number (ECCN), steps to take to determine the export licensing requirements for your item, when you can export or reexport without applying for a license, export clearance procedures, and record keeping requirements.

 

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May 21, 2020 Charleston, SC

Charleston SC IMG 1082

May 21, Charleston, SC

How to Build an Export Compliance Program

How to Build an Export Compliance Program is a one-day workshop that provides an overview of the steps a company may take to implement an internal Export Compliance Program.  Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the EAR, and to prevent export control violations.  Agenda topics include guidance on how to establish an Export Compliance Program, strategies to enhance your company’s compliance program, how to avoid common compliance errors, and how to build a solid framework for your company’s compliance program.  This program includes small group discussion, hands-on exercises, and compliance peer networking, and provides a written example of an export compliance program as well as the Office of Exporter Services January, 2018 revised Export Compliance Guidelines to assist in developing your compliance program.  Recommended prerequisite:  Complying with U.S. Export Controls or equivalent experience.

 

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June 23-24, 2020 Boston, MA

Boston Seminar June 2020June 23-24, 2020 Complying with U.S. Export Controls

This two-day program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods. We will focus on what items and activities are subject to the EAR; how to determine your export control classification number (ECCN); steps to take to determine the export licensing requirements for your item; when you can export or reexport without applying for a license; export clearance procedures; and record keeping requirements.
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June 25, 2020 Boston, MA

Boston Seminar June 2020June 25, 2020 How to Build an Export Compliance Program

How to Build an Export Compliance Program is a one-day workshop that provides an overview of the steps a company may take to implement an internal Export Compliance Program.  Developing and maintaining an export compliance program is highly recommended to ensure that export transactions comply with the EAR, and to prevent export control violations.  Agenda topics include guidance on how to establish an Export Compliance Program, strategies to enhance your company’s compliance program, how to avoid common compliance errors, and how to build a solid framework for your company’s compliance program.  This program includes small group discussion, hands-on exercises, and compliance peer networking, and provides a written example of an export compliance program as well as the Office of Exporter Services January, 2017 revised Export Compliance Guidelines to assist in developing your compliance program.  Recommended prerequisite:  Essentials of U.S. Export Controls or Complying with U.S. Export Controls or equivalent experience.
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What is a Foreign Availability Assessment?

Foreign Availability Assessments are reviews of the export controls on national security (NS) controlled items that have been alleged to be “foreign available”. “Foreign available” means available outside the United States. The Bureau of Industry and Security (BIS) conducts these reviews on behalf of the Secretary of Commerce.

Foreign availability assessments are conducted pursuant to Part 768 of the Export Administration Regulations (EAR). The authority to conduct these assessments is derived from sections 5(f) and 5(h) of the Export Administration Act of 1979, as amended (EAA).

How to Determine if You Should Submit a Foreign Availability Claim

Exporters at a competitive disadvantage in the global marketplace because of U.S. export controls on items that are also available from non-Wassenaar-Arrangement countries may consider requesting a foreign availability assessment. Traditionally, most exporters request these assessments when they discover that comparable items produced outside of the U.S. are more freely available to consumers than they are from U.S. exporters due to export restrictions imposed on U.S. persons.

Under the EAR, there are two general programs of foreign availability.

·         Foreign Availability to Controlled Countries: In this category are denied license assessments and decontrol assessments. Controlled countries are defined in section 768.1 of the EAR. For a description of the 2014 - 2015 decontrol assessment involving the PRC, please click here. Regarding the denied license assessment, a foreign availability assessment may be initiated based on a claimant’s allegation of foreign availability for an item (or items) that BIS has denied or has issued a letter of intent to deny a license.

·         Foreign Availability to Non-controlled Countries: This category includes assessments initiated based on denied licenses and decontrol requests, and evaluations of eligibility for expedited licensing. BIS determines the eligibility of an item for expedited licensing procedures following an evaluation of the foreign availability of the item.

Initiation of a Foreign Availability Assessment

To initiate an assessment, a claimant must submit to BIS a Foreign Availability Submission (FAS) which alleges foreign availability and is supported by reasonable evidence (see below), pursuant to section 768.5 of the EAR, a Technical Advisory Committee (TAC) may also submit a TAC certification to BIS, which is supported by reasonable documented evidence, similar to that required in a FAS that foreign availability exists for an item that falls within the TAC’s area of technical expertise. TACs are authorized to certify foreign availability only to controlled countries, while claimants can allege foreign availability for either controlled or non-controlled countries. The Secretary of Commerce may also self-initiate a foreign availability assessment.

Criteria for Foreign Availability Allegations

The criteria for making any allegation of foreign availability is that an item of comparable quality is available-in-fact to a country, from a non-U.S. source, in sufficient quantity to render the U.S. export control of that item, or the denial of a license, ineffective. Such a claim must include evidence that meets these criteria. Further explanation of these criteria follows below.

·         Comparable quality: an item that possesses the same characteristics as an item specified on the Commerce Control List and is alike in key characteristics that include, but are not limited to, function, technological approach, performance thresholds, maintainability and service life, and any other attribute relevant to the purpose for which the control exists on the item.

·         Available-in-fact: an item indigenously produced or one that can be obtained from a third country. Ordinarily, if the third country is a member of a multilateral export control regime, the item is not considered available-in-fact if exported under a license or similar type authorization.

·         Non-U.S. source: a person located outside the jurisdiction of the United States.

·         Sufficient quantity: the amount of an item that would render the U.S. export control ineffective in achieving its purpose. For a controlled country, it is the quantity that meets the military needs of that country so that U.S. exports of the item to that country would not make a significant contribution to its military potential.

Examples of Evidence to Support a Foreign Availability Claim

When alleging foreign availability, exporters must support their claim to BIS by providing reasonable evidence that shows that foreign availability exists. Examples of such information, pursuant to section 768.5 of the EAR and Supplement No. 1 to part 768, are as follows:

·         Product names, model designations, and manufacturers (including locations) of the item alleged to be comparable with the item controlled by an Export Control Classification Number (ECCN).

·         Articles, photographs, website information, pamphlets, etc., that support the claim that the item is foreign available (e.g., that an item of comparable quality is available outside of the U.S.).

·         If the foreign available item is not indigenously produced in the country that is the focus of your foreign availability submission, evidence that shows the item is available-in-fact to the country.

 

·         The extent to which the alleged comparable item is based on U.S. technology. For example, are there additional patents, especially foreign?

 

·         The key performance elements, attributes, and characteristics of the item to which a qualitative comparison of the alleged comparable item may be made.

·         The production quantities of any alleged comparable item.

·         The estimated market demand for the item.

·         Consider the impact of the export control on your company, economic or otherwise (e.g., lost sales, export avoidance, change in export practices).

·         Additional evidence that supports each criterion as described in Supplement No. 1 to Part 768 – Evidence of Foreign Availability.

The information provided in the submission will be used by BIS to determine whether there is enough reasonable and reliable evidence to initiate a foreign availability assessment. Exporters should identify the information as “confidential trade secret information” when necessary or appropriate.

Submission of Foreign Availability Claim

Foreign availability claims should be submitted to:

Office of Technology Evaluation
Bureau of Industry and Security
U.S. Department of Commerce
1401 Constitution Avenue, NW
Room H-1093
Washington, D.C. 20230

BIS’s Office of Technology Evaluation (OTE) evaluates petitions and conducts assessments. 

Response Times

If the evidence that you provide to BIS does not support your claim of foreign availability, BIS will return your submission and provide the reasons why the submission was rejected.

The Secretary will make a foreign availability determination under Part 768 of the EAR as follows:

 

·        For claimant’s Foreign Availability Submission for decontrol and denied license assessments: within 5 months of initiation.

·        For an assessment based on a TAC Certification: within 90 days of initiation.

·        For assessments self-initiated by the Secretary: no statutory deadline exists; however, BIS makes every effort to complete such assessments promptly.

·         For assessment of eligibility for expedited licensing procedures to non-controlled countries: within 30 days of initiation.

Results of a Foreign Availability Determination

Possible outcomes for a foreign availability assessment pursuant to Part 768 of the EAR include:

·         Removal or modification of the license requirement if foreign availability is found;

·         No change of control based on a negative finding of foreign availability; or

·         Initiation of negotiations with the Wassenaar Arrangement to eliminate controls on items for which BIS made a positive determination of foreign availability.

Assistance

For further information regarding the process for submitting a foreign availability claim, including the types of reasonable evidence that are necessary for inclusion in a claim, contact the Office of Technology Evaluation at (202) 482-4933.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
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