What is a Commodity Jurisdiction request and when and how do I submit one?
The Arms Export Control Act (22 U.S.C 2778(a) and 2794(7)) provides that the President shall designate the articles and services deemed to be defense articles and defense services. State Department administers this process under 22 CFR 120.3 and 120.4. The Departments of Commerce, Defense, and others participate in the process.
A commodity jurisdiction (CJ) request is used to determine whether an item or service is subject to the export licensing authority of the Department of Commerce or the Department of State, Directorate of Defense Trade Controls (DDTC). Bureau of Industry and Security (BIS) is the licensing agency for exports subject to the Export Administration Regulations (EAR), while DDTC licenses defense articles and services covered by the U.S. Munitions List (USML), subject to the International Traffic Arms Regulations (ITAR). The commodity jurisdiction procedure is used if doubt exists as to whether an article is covered by the U.S. Munitions List. It may also be used for consideration of a redesignation of an article or service currently covered by the U.S. Munitions List. A CJ determination will only identify the proper licensing authority for an item, and is not a license or approval to export.
CJ requests are processed by DDTC under procedures established by that office (see 22CFR 120.3 and 120.4). For specific filing procedures, contact DDTC at (202) 663-1282 or access further information clicking on the link below. Effective September 2, 2010, all CJ requests must be submitted electronically using the DS-4076 CJ Request Form. Paper submissions will be Returned without action (RWA). The DS-4076 form and additional filing information can be accessed at the following link:
For specific instructions you may contact DDTC by telephone at (202) 663-1282.
See Other United States Government Departments and Agencies with Export Control Responsibilities.