Frequently Asked Questions

This page includes helpful articles authored by Reliant as well public postings originating from the Directorate of Defense Trade Controls (DDTC) and the Bureau of Industry and Security (BIS).

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EAR FAQ

An Indian foreign national who is on sabbatical from an Indian organization that is on the Entity List wants to work with our firm in our executive training program where we will discuss proprietary technology which is not controlled to India. Do I need a license?

Are non-governmental (NGO) organizations, such as Doctors Without Borders or Catholic Charities, considered international organizations or agencies for purposes of paragraph (b)(2) of License Exception GOV?

Are there additional “600 series” ECCNs to be added to the CCL?

Are there any ‘releases’ under paragraph (b) for insignificant “parts” or minor “components”?

Are there paragraph (b) ‘releases’ that address scenarios where the “part,” “component,” “accessory,” “attachment,” or “software” was or is being “developed” for use in or with commodities or software described in ECCNs and also for use in or with EAR99 items or items described in AT-only ECCNs?

Can a commodity that includes moving elements, such as door hinge, be considered a single element of a “part?

Can a qualified VEU request changes to its VEU authorization?

Can an applicant ask the ERC to reconsider a decision with respect to the prospective VEU at issue? If so, how?

Can anything be shipped under Authorization VEU?

Can Authorization VEU only be used to export items from the United States?

Can I ship items not listed under “Eligible Items” in Supplement No. 7 to Part 748 to a VEU?

Can I use Authorization VEU to export to an entity whose name is on the VEU list if it is not located at the same address(es) as listed in the EAR?

Can you provide an example for applying the ‘equivalent’ concept?

Commodity Classifications of OEM Products

Do qualified VEUs have to report material changes to BIS? What happens when they do?

Do special rules apply for exporting missile technology to China?

Does the same definition of “specially designed” apply to the “600 series” and other ECCNs?

Does the U.S. Government work with the governments of VEU-eligible countries (i.e., China and India) to ensure that those governments support the program?

Does this change impact the licenses issued by BIS prior to December 8, 2014?

FAQ #5 says that BIS will process license applications submitted with “specific and detailed information” more efficiently. What does “specific and detailed” information mean?

For purposes of paragraph (b)(2)(iii)(B) of License Exception GOV, does the item being exported, reexported, or transferred (in-country) need to be consigned to the foreign government, international organization or agency?

How are individuals handled who are permanent residents or citizens of countries other than those of their nationality?

How do I enter the foreign national name and address information on the BIS-748P license application?

How do I know if a foreign national would be subject to the deemed export regulations?

How do organizations apply for VEU?

How do the USML Order of Review and CCL Order of Review work together?

How does EPCI affect exports of items for missile-related activities?

How does “specially designed” fit into the larger review of the CCL, given “specially designed” is used in the “600 series,” as well as other ECCNs on the CCL?

How is the term “part” defined in the EAR?

How is the VEU program administered?

How long does qualification under Authorization VEU last?

How long does “temporary” mean for purposes of paragraph (b)(2)(iii)(C) of License Exception GOV?

How often does the U.S. Government interact with participants in the VEU program?

How often is the list of qualified VEUs updated?

I am a distributor of college textbooks. I often get requests from foreign customers for engineering textbooks containing information on missile technology. Should I be worried about EPCI/“catch-all” controls?

I am a manufacturer of inertial navigation systems (INS) that are controlled for Missile Technology (MT) reasons. We often get calls from airlines for replacement of broken bench stock spares or INS units in permanent service. Are there any license exceptions that I can use?

I am classifying a “component” and I know the “component” was originally “developed” for use in an item controlled for more than AT-reasons. Does that matter in applying the paragraph (b)(3) ‘release?’

I am not exporting the “600 series” item to a defense contractor, but rather exporting directly to the Country Group A:5 military. Do I need to obtain a prior consignee statement?

I am trying to understand what “solely” for United States Government use means in the context of paragraph (b)(2)(iii)(A). For example, if a contractor who maintains a supply and repair depot for off-road vehicles used by USAID will use parts and components that are to be exported to a contractor solely for the use of maintaining and repairing those off-road vehicles for USAID, would that be within the scope of paragraph (b)(2)(iii)(A) even though the parts and components are not consigned to USAID and are being used by the contractor?

I exported under License Exception STA a “600 series” item to a defense contractor in a Country Group A:5 country for the ultimate end use by the military of that Country Group A:5 country. I have already obtained a prior consignee statement from that defense contractor in the Country Group A:5 country who received and currently possesses the “600 series” item, but do I also need to obtain a separate prior consignee statement from the Country Group A:5 government itself before the defense contractor can furnish that “600 series” item to the Country Group A:5 military?

I have read elsewhere on your web page the requirements for information that the Bureau of Industry and Security (BIS) wants in order to process a deemed export license application. I see that you require a lot of personal data, including citizenship and

I received a license authorizing me to export equipment. There aren’t any conditions on the license that prohibit me from shipping technology. Can I send the technology necessary to maintain the equipment?

I received a license to ship equipment to three end users. There aren’t any conditions on my license that prohibit me from shipping it to other end users. Can I ship the equipment to end users not specified on my license?

I want to make sure I understand exactly what is authorized by my BIS license. Who can help me?

If an Export Control Classification Number (ECCN) does not use the term “parts,” does that mean no “parts” are controlled under that ECCN?

If an item subject to the EAR has been legally shipped to a VEU-eligible country, can it be transferred under authorization VEU within that country to a different eligible destination?

If I am reviewing “specially designed” for a “part,” “component,” “accessory,” “attachment” or “software” in a catch-all paragraph, such as 9A610.x, can I review paragraph (a)(2) first instead of reviewing paragraph (a)(1)?

If I believe the “part,” “component,” “accessory,” “attachment,” or “software” I am classifying is likely ‘released’ under paragraph (b) because it likely meets the criteria of one of the paragraph (b) ‘releases,’ is it acceptable to skip paragraph (a) and proceed immediately to reviewing paragraph (b) first?

If I complete the analysis of “specially designed” for my “component” that is subject to the EAR and determine the “component” is “specially designed,” is there any process under the EAR whereby I can request a U.S. Government review to determine whether the “component” does not warrant being “specially designed?”

If I determine my commodity is not classified under an ECCN, such as an ECCN in a “xY0zz” ECCN that does not control “parts,” does that mean that all the “technology” related to my “part” is not controlled either?

If I develop a “part,” or “component” for use in different types of commodities, such as machine tools, medical equipment and aircraft, is there a paragraph (b) ‘release’ for such general purpose commodities or software?

If I do not have “knowledge” of the “development” history, does that mean I cannot rely on paragraphs (b)(4), (b)(5) and (b)(6)?

If I have a past commodity jurisdiction determination (CJ) from the Department of State that indicated my item is not subject to the ITAR, and at that time, it was classified on the CCL in a paragraph that does not use “specially designed” or was EAR99, will that past CJ be preserved?

If I have a single unassembled commodity that includes certain inserts that can be removed (such as a helix coil that could be pulled out) does that commodity fall under the definition of a “part”?

If I have a “part” or “component” that I believe is not significant, but it is not specified in paragraph (b)(2), can I rely on paragraph (b)(2) to ‘release’ the “part” or “component?”

If I include precise information on my license application, will my application be processed in less than forty days?

If I know at the time of export, reexport or, transfer (in-country) that an item is for a permanent export, reexport, or transfer (in-country), can paragraph (b)(2)(iii)(C) still be used?

If I review the revised USML Category and determine the item is not “specially designed” under the ITAR, does that also mean it is not “specially designed” under the EAR?

If my item does not meet the criteria of paragraph (a) (i.e., it is not ‘caught’ under paragraph (a)(1) or (a)(2)), does that mean the item is not “specially designed?”

If my “part,” “component,” “accessory,” “attachment,” or “software” meets the criteria of more than one paragraph (b) ‘release’ is that a problem?

If this same Indian foreign national traveled to visit facilities in a third country, say Germany, do the licensing requirements change, or is the release still treated as a transfer to the U.K. for licensing purposes?

In applying the “parts” definition, does it matter how big or small the “part” is in relation to the larger “component,” “accessory,” or “attachment” and how important of a role must the “part” play in the larger “component,” “accessory,” or “attachment” to be considered a “part” under the EAR?

In order to use License Exception STA (EAR section 740.20), is there a specific form the consignee must use to satisfy the conditions of the exception?

Is it possible that I may need to review the “specially designed” definition more than one time?

Is software considered "technology" and is it similarly controlled?

Is the definition of “specially designed” under the EAR and the ITAR the same definition?

Is the VEU program right for my organization?

Is there guidance on the type of documentation that is needed for relying on the “development” ‘releases’ under paragraphs (b)(4), (b)(5) and (b)(6)?

Looking at the definition of “part,” it is clear to me that if I make a cast of a commodity and that commodity is a single unassembled element of a “component,” “accessory,” or “attachment,” which is not normally subject to disassembly without the destruction or the impairment of design use, that it would be clearly identifiable as a “part.” However, there are other manufacturing processes that can be used to create the same commodity, i.e. welding or diffusion bonding, which technically would be combining two different elements, but substantively would be creating the same type of commodity (i.e., both would be single unassembled elements of a “component,” “accessory,” or “attachment” which are not normally subject to disassembly without the destruction or the impairment of design use). Does the manufacturing method make a difference in whether a commodity is considered a “part”?

May a foreign person, such as an intermediate consignee or end user, “self-determine” (i.e., assess for itself) the jurisdictional and classification status of a commodity, item of software, or unit of technology under the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR), respectively, absent a U.S. government or other reliable determination pertaining to such items?

My company wants to employ an Indian foreign national who spent three years working for an Indian organization that is on the Entity List. May I do so? Do I require a license?

My firm recently had an export license for a machine tool denied. The reason for denial was missile-related. This item isn't even controlled for missile reasons. What's going on?

Now, what about changes in nationality? If a person was a citizen of India but subsequently became a citizen of the U.K., how is that person treated for export control purposes?

Paragraph (b)(6) looks similar to paragraph (b)(4) in its construction, so what is the purpose of paragraph (b)(6)?

Q.4: Do I need to review the “600 series” first?

Q.5. If License Exception STA in most cases is not needed to authorize a transfer (in-country), then why does License Exception STA include various references to transfer (in-country)?

Q:8: If I have a question while going through the CCL Order of Review, who should I call or write?

Since December 8, 2014, BIS seems to be using riders on its licenses more often. What’s the difference between a condition and a rider?

The STA prior consignee statement requires a non-government consignee of a “600 series” item received under STA (either as an export, reexport, or transfer) to agree to an end-use check. Does this mean that an item exported under the “600 series” under other Commerce authorizations, including a license or another license exception, is not subject to an end-use check?

The “component” I am classifying was “developed” twenty years ago. I am not the original equipment manufacturer (OEM), so I don’t have “knowledge” of what it was “developed” for, but I do “know” it is currently used in basic consumer items in “production” that are designated EAR99 or in ECCNs that are only controlled for AT reasons on the CCL. Are there any ‘releases’ under “specially designed” that address this scenario?

The “specially designed” definition in section 772.1 of the EAR includes a release paragraph under paragraph (b)(2) describing how to determine whether “parts” and minor “components” (such as nut-plates) are not “specially designed.” If these “parts” and minor “components” were never “specially designed,” why are they not excluded from the definitions of “part” and “component”?

To rely on the paragraph (b)(3) ‘release,’ does the same “part,” “component,” “accessory,” “attachment,” or “software” need to be used in an item that meets the criteria under paragraph (b)(3)(ii)?

To what address should VEU applications be submitted?

Under paragraph (b)(4), (b)(5) and (b)(6), does it matter what the first use of the “part,” “component,” “accessory,” “attachment,” or “software” is, or what the predominant market share is for the “part,” “component,” “accessory,” “attachment," or "software"?

We recently received an offer to supply a gear making machine (ECCN 2B993) to a tank and cannon factory in China. My boss told me to apply for a license because of EPCI. Is this an EPCI activity?

What about semi-permanent forms of manufacturing? For example, what if the manufacturing process I use to make the “part” consists of gluing two pieces of material together or a press fitting to form a single unassembled element, where the bond could be broken, but could later be reassembled with minimal impairment of design use?

What are the compliance requirements of the VEU program?

What are the requirements of the VEU program?

What do I do once I determine my item is not classified in the “600 series”?

What does the term “Government Furnished Equipment (GFE)” mean in paragraph (b)(2)(iii)(E) of License Exception GOV?

What does ‘equivalent’ mean under paragraph (b)(3)?

What factors are used to evaluate “catch-all” items?

What happens if my customer reexports or transfers a License Exception STA-eligible item without first obtaining a prior consignee statement?

What happens if the EAR requirements on an item that previously was authorized under Authorization VEU are lessened or eliminated?

What if that same Indian foreign national comes to the United States?

What if the Indian foreign national becomes a citizen of the U.K. but retains his or her Indian citizenship, as well? This is the situation of people who have dual-citizenship.

What if the individual is a foreign national of one country, say India, but has obtained permanent residency in another, say the U.K.?

What is "technology"?

What is meant by Category I, Category II, and MTCR-controlled missiles and unmanned aerial vehicles?

What is my liability if I use the order of review guidance or the order of review decision tool and obtain the incorrect classification of my product?

What is the background and purpose of the VEU Program?

What is the classification of parts and components that are (a) not enumerated or otherwise described on the USML and (b) common to the C-130 and L-100/L-382 aircraft but not any other aircraft?

What is the classification of parts and components that are (a) not enumerated or otherwise described on the USML, (b) common to the C-130 and L-100/L-382 aircraft and also common to aircraft in production controlled under ECCN 9A991, and (c) not enumerated or described on the CCL other than in 9A991.d?

What is the Commerce Control List Order of Review?

What is the difference between a “Validated End-User” and an “Eligible Destination”?

What is the impact of the new language on license applicants?

What is the purpose of the new standard language on BIS’s licenses?

What is the VEU Program?

What is the “600 series”?

What is the “no undercut” policy in the MTCR?

What items may not be shipped under Authorization VEU?

What kind of documentation or information is required in support of a license application for an item subject to missile technology export controls or when the item to be exported will be used in a missile project or program?

What license exceptions are available for MT items?

What technologies are considered "fundamental research"?

What technologies are subject to the Commerce Department controls?

What will be the biggest change on licenses as a result of the new language?

What’s the new language?

When can I determine my item is designated as EAR99?

When did BIS start putting this new language on its licenses?

When do I need to apply for an export license for technology under the deemed export regulations?

When do I need to review “specially designed” under the EAR?

When is a license required for export of non-MT controlled items for use in missile activities?

When was the new definition of “specially designed” added to the EAR and when did it become effective?

Where can I find a definition for the term “part” as used under the EAR?

Where can I find the definition of “specially designed” in the EAR?

Where can I find the list of qualified VEUs?

Where do I begin my review of the CCL?

Who may apply for the VEU program?

Why are VEU eligible destinations restricted to China and India?

Why does paragraph (a)(1) use the term “items,” but paragraph (a)(2) use the terms “parts,” “components,” “accessories,” “attachments” and “software”?

Why does the introductory text to paragraph (b) of “specially designed” use the word controlled, and how does that change my analysis of “specially designed?”

Why was paragraph (a)(2) needed for “parts,” “components,” “accessories,” “attachments,” and “software?”

ITAR FAQ

As a follow-on to the above, if the item is not described in any category, may I then use USML Category XXI on the license?

Can I have multiple locations identified on each DSP-73?

Can multiple employees be covered under one authorization?

Can our personnel return additional items not authorized on the DSP-73 covered by this policy, but authorized under separate DSP-73 not subject to this policy?

Can persons self-determine the jurisdiction and/or classification of their items?

Can §124.18(d) be used to authorize dual/third country nationals of §124.18(d)(2) countries employed by the applicant or other US Signatories to the Agreement?

Do I need to register prior to submitting a CJ?

Do the personnel have to export every defense article identified on the DSP-73?

Does each contract personnel need their own DSP-73?

Does every employee in a company need to be vetted and sign a NDA, even if they do not have access to USML-controlled technical data or defense articles?

Does the agreement need to identify which foreign party is using which DN/TCN option(s)?

Does the seller identified in Block 19 have to be the applicant of the license request?

Does this policy apply to defense articles owned by our company and issued to deploying personnel?

Does this policy include more than personal protective equipment?

How do I go about submitting a request for a CJ determination?

How do I know if my product has transitioned to Commerce’s Export Administration Regulations (EAR)?

How is a purchase order issued to a subsidiary handled in the license application?

How is an employee providing marketing services overseas identified in a license application?

How long does the CJ process take?

How long is a CJ valid?

How should the foreign person employee of a U.S. person be identified in the TAA or MLA?

I am certain that my item is not controlled on the USML; however, I am unaware of its classification on the Commerce Control List. Should I submit a CJ for this purpose?

I am unsure how I should interpret a passage in the ITAR that could affect the control of my product. Should I submit a CJ or an advisory opinion request?

I have several items that are very similar. May I submit a single CJ to cover all of these items?

I requested a CCATS from the Department of Commerce and received an ECCN number for my product. Does this mean it is Commerce controlled?

If I disagree with a final CJ determination issued by State, what is my recourse?

If I have classified information to provide in support of my CJ request, how should I submit that to the Department?

If implementing § 126.18 and using the § 126.18(c)(2) screening process, must the applicant maintain the Non-Disclosure Agreement or is the foreign licensee responsible for doing so?

If residing overseas, is the foreign person employee considered a broker?

Is any level of security clearance acceptable to meet the requirements of § 126.18(c)(1)?

Is end-use monitoring mandated by U.S. law?

Is the U.S. applicant required to contact all the foreign parties to determine which DN/TCN option(s) will be used?

Is the U.S. applicant required to identify the countries of DN/TCNs in Block 18 of the DSP-5 vehicle who are screened pursuant to § 126.18?

Is there a fee associated with submitting a CJ?

Licensing of Foreign Persons Employed by a U.S. Person

May a foreign company seek confirmation from DDTC as to whether an identified activity would be considered a "substantive contact?"

May I submit a CJ for an item at the same time that I submit a license request to the Department of State for the same item?

Should current authorizations be replaced or amended to be consistent with current guidance?

Since receiving a CJ determination on my item, there have been some changes to the USML/CCL control. Is the CJ determination still valid?

To what types of export authorizations do the terms of § 126.18 apply?

We had contractors deploy under an exemption that they may not have been eligible for or deployed without any approved license. What should we do?

What does the Blue Lantern program entail?

What if my DSP-73 expires during the contractor deployment?

What if our deployed personnel change companies while deployed and never return to the U.S. with their equipment prior to the contract change, yet are still in the same country and have the same equipment needs?

What if our DSP-73 is currently exhausted, can we amend it to allow for additional quantities to meet mission staffing needs?

What if our personnel return to the U.S. without their equipment and never return to the area of operation, in essence we now have extra hand carried equipment overseas?

What if the exchange rate changes before shipments are made on the approved license?

What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?

What if the personnel deploy on a military aircraft yet return to the U.S. on a commercial airline?

What is a commodity jurisdiction determination?

What is the benefit of citing precedent cases?

What is the Blue Lantern program?

What is the difference between “jurisdiction” and “classification” of an item?

What is the purpose of the cover letter?

What obligation do U.S. exporters have to verify that foreign companies have technology security/clearance plans in place if a foreign company intends to utilize the provisions of § 126.18?

What type of information do I need to provide for a CJ request?

What value should be entered on the license application?

When an agreement involves the transfer of classified defense articles, can §124.18(d) still be used to authorize dual/third country nationals access to only unclassified defense articles associated with the agreement?

When is a foreign person considered an employee?

When should I submit a CJ?

Where is the applicant's role identified on the DSP-61?

Who manages the Blue Lantern program?

Who may submit a CJ?

Who should sign the DSP-83 for the transfer of U.S. classified information?

Why does DDTC require full addresses for all parties to the transaction?

Why does the purchase documentation have to be issued within one year?

Why does the supporting documentation for a transshipment license have to be between the foreign entities?

Why is a transmittal letter required if information already stated in application?