Jurisdiction
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Commodity Jurisdiction - ITAR vs EAR:
Products and technologies are controlled for export by various U.S. Government
regulatory agencies. For instance, the U.S. Department of State has export
control jurisdiction over the export of defense items under the International
Traffic in Arms Regulations (ITAR), while the U.S. Department of Commerce has
export control jurisdiction over the export of dual use items and items which
have strictly civilian or commercial uses under the Export Administration
Regulations (EAR).
Determination of the relevant export control jurisdiction for exported products,
data and services is a key component of any export compliance program because
its sets the stage as to what U.S. exporters can and cannot do and as to whether
or not U.S. exporters face any export restrictions or licensing requirements in
exporting their products.
Whether by “self determination” or by submission of a Commodity Jurisdiction
(CJ) request, determining the export control jurisdiction for all the products,
data and services you export is a basic requirement of export compliance.
ITC Strategies assists companies in developing methodologies and
procedures for determining export control jurisdiction by using both self
determination methods and CJ requests to ensure that all exports are made in
accordance with the correct regulations associated with the item being exported.
• Self Determination:
The lion’s share of a company’s products and technologies can be analyzed using
self determination methods using the relevant sections of the
regulations.Companies should have procedures in place to determine the
appropriate export control jurisdiction for all the products and technologies
they export.
ITC Strategies has extensive experience in this area and has developed numerous
processes and methodologies for companies to assist them in determining the
correct jurisdiction for all the items and technologies they export. Whether it
be a manual or automated process, We can help in developing the right
jurisdictional analysis tool for your company.
• Commodity Jurisdiction Requests:
The purpose of a commodity jurisdiction (CJ) request is to determine whether an
item or service is covered by the U.S. Munitions List (USML) and therefore
subject to export controls administered by the U.S. Department of State pursuant
to the Arms Export Control Act and the International Traffic in Arms Regulations
(ITAR). If after reviewing the USML and other relevant parts of the ITAR you are
unsure of the export jurisdiction of an item or service, you should request a CJ
determination.
ITC Strategies has vast practical knowledge of preparing CJ requests – in accordance
with the regulations - and in engaging the relevant U.S. government regulators
during the review process. We can assist you in determining how best to prepare
your CJ application to ensure the correct determinations are made for your
products.
