One of the basic elements of any effective international trade compliance program is proper export control jurisdiction determination. This is a most fundamental and essential step in export compliance. The article, item, related assistance, service, technology or technical data may be controlled by the Export Administration Regulations (EAR) controlled by the Bureau of Industry and Security (BIS) under the Department of Commerce (DoC) if on the Commerce Control List (CCL) or the International Traffic in Arms Regulations (ITAR) controlled by the Directorate of Defense Trade Controls (DDTC) under the Department of State (DoS) if on the US Munitions List (USML). You must answer this question correctly because each US Government (USG) agency (DoC or DoS) apply very different licensing policies and procedures.
An important consideration here is to always determine jurisdiction first, then classification. Once you have the jurisdiction (EAR or ITAR) the next step is to determine the appropriate classification under the EAR or ITAR. The classification under the EAR is enumerated by the CCL as an Export Classification Control Number (ECCN). The classification under the ITAR is enumerated by the USML category and sub-category.
Methods for Jurisdiction/Classification Determinations
- Self-Classify jurisdiction and classification
- Commodity Jurisdiction (CJ) request to DDTC for jurisdiction and classification
- Commodity Classification Request (CCR) to BIS for jurisdiction and classification
- Request jurisdiction and classification from source, supplier, manufacturer, and/or customer
Note these methods are not mutually exclusive, but a combination may be administered. Ultimately, you are responsible to ensure that the product you manufacture and/or export are properly classified and handled accordingly.
Commodity Jurisdiction (CJ) Requests to DDTC for Jurisdiction and Classification
The purpose of a commodity jurisdiction (CJ) request is to determine whether an item or service is covered by the USML. If after the self-classification process outlined above, including reviewing the USML, other relevant parts of the ITAR, in particular ITAR §120.3 and §120.4, and you are unsure of the export jurisdiction of an item or service, you should request a CJ determination from the DDTC.
Let Reliant Defense help you with your CJ requirements. CJ activity that successfully remove products from USML-control can have many positive outcomes for your company including reduce risk of violations and possible expanded global markets. Our services may include:
- Commodity Jurisdiction (CJ) Support
- Support companies in the determination of which products and services should be considered as candidates for CJ(s).
- Research the US Government procurement databases for their internal jurisdiction determinations to support EAR position
- Support the outlining of necessary information for CJ submission(s), the drafting of CJ(s), and submitting the CJ(s) to the US State Department