Export Control of Commodities
Employee Responsibilities
Employees involved with the shipment of controlled commodities shall ensure that such shipments are made pursuant to an export license (or exemption), which has been obtained in accordance with ITAR or the EAR. Controlled commodities cannot be shipped by SVSU employees to any international destination unless a determination has been made by qualified personnel that the materials are adequately licensed, can be shipped using a license exemption, or do not require licensing. Any question regarding whether a license is required and any licensing exemptions must be resolved by Sponsored Programs.
Export Office Manager Responsibilities
ITAR Classified and Unclassified Export Checklist. An ITAR classified or unclassified export license is required after the exporter obtains a firm order, a letter of intent, or other documentation evidencing the necessity to export defense articles. Sponsored Programs must submit a license application to cover the proposed export and obtain the appropriate export license before exporting any defense articles. For the export of an unclassified defense article, SVSU must prepare and file a license application Form DSP-5. For the export of a classified commodity or defense article, SVSU must prepare and file a license application Form DSP-85.
EAR Commodity Export Checklist - Review list of products to determine if export of commodity requires a license, or is eligible for license exception. If a license is required, review current licenses to determine if commodity has been previously licenses for export. If current license does not exist for commodity, obtain license from BIS before shipment.
Required Statements for Export Documents
Required Statement for Export Document Under the ITAR - SVSU will incorporate the following statement as an integral part of the bill of lading, and the invoice whenever defense articles on the USML are to be exported:
These commodities are authorized by the U.S. Government for export only to [country of ultimate destination] for use by [end-user]. They may not be transferred, transshipped on a non-continuous voyage, or otherwise be disposed of in any other country, either in their original form or after being incorporated into other end-items, without the prior written approval of the U.S. Department of State.
Required Destination Control Statement for Export Documents Under the EAR - In certain instances the EAR requires that a destination control statement be entered on all copies of the bill of lading, the air waybill and the commercial invoice covering an export from the United State (See 15 C.F.R. § 758.6). Where required, SVSU will incorporate the appropriate destination control statement on all such documents when exporting items on the CCL as directed by Sponsored Programs.
Jurisdiction Determinations
SVSU classifies all its products and technology either as items subject to ITAR or dual use items subject to the EAR. Sponsored Programs, with the assistance of knowledgeable SVSU engineering personnel, shall work to ensure that commodities and technical data are accurately classified.
Commodity Jurisdiction (CJ) Requests - When the jurisdiction on an item does not clearly fall under either EAR or ITAR control, the SVSU Export Office will submit a CJ Request in accordance with 22 C.F.R. § 120.4 to the DDTC, State Department, requesting final determination of agency jurisdiction. Sponsored Programs will coordinate the preparation of the CJ request, which is prepared according to DDTC Guidelines.
Commodity Classification - If jurisdiction falls under the BIS, Department of Commerce, Sponsored Programs will work with the appropriate technical staff to determine the appropriate ECCN number for the product. The determination that an item falls under the CCL must be approved by Sponsored Programs and be well documented. If there is uncertainty about whether such a determination is accurate, Sponsored Programs will file an official Commodity Classification request with the U.S. Department of Commerce.
Note: Applying to the Commerce Department for a “commodity classification” is not a replacement for the CJ determination from the Department of State. Only the Department of State can make a jurisdiction determination when there is uncertainty regarding whether an item falls under DDTC’s jurisdiction.