The definitions of the parties involved are as follows. Examples of prohibited enduse include restrictions on certain nuclear enduses, use of products in weapons of mass destruction, and use of. Foreword ficci export control compliance manual 1 2018 shortly after conducting its first nuclear test in 1972,india found itself bound by a range of multilateral sanctions and. Controlled products are those that fall within the scope of commission delegated regulation eu 20181922 pdf, 3mb for dualuse products and the control of exports goods and technology order 2012 for military products. For example, cryogenic equipment could be used in a nuclear weapons facility. The ccl is divided into ten categories under part 774.
Export controls handbook section e global affairs canada. Security export inspection office, trade control department. This export controls handbook is intended as a reference tool for exporters and provides information about the administration of canadas export controls which are administered pursuant to the export control list, the area control list and the automatic firearms country control list under the authority of the export and import permits act. An export is any movement of items outside the country. If for any reason, whether by you or another party.
With the rapid development of the technology sectors in many lowcost countries, more and more u. People are sometimes surprised by how broadly the term applies. This may be where the export remains in which case they will be the end user, but not necessarily. Individual licenses can be granted by national authorities to one exporter and cover exports of one or more dualuse items to one end user or consignee in a third country. Australian best practice guide for the management of controlled. Government departments and agencies for national security and foreign policy reasons, the u. The export and import permits act footnote 1 authorizes the minister of foreign affairs to issue to any resident of canada a permit to export items included on the export control list or to a country included on the area control list, subject to certain terms and conditions. Consignees and endusers are sometimes the same people, but quite often are not, and there is often confusion between them. Department for international trade and export control joint unit. Is or was the recipient or end user of goods exported from japan engaged in. It is the responsibility of the campus to know who the ultimate end user will be and to take steps to ensure that this is actually the case.
End user definition is the ultimate consumer of a finished product. Government concerns about the declared or suspected end use or the end user of the export. End user the person abroad that receives and ultimately uses the exported or reexported items. Under the definition adopted in this interim final rule, a retransfer occurs with a change of end use or end user within the same foreign territory. The ear also controls the export of certain lowtechnology consumer goods which are not specifically noted on the ccl. The undertakings need to be completed for end use control risk assessment and assurance purposes. The eu controls the export, transit and brokering of dualuse items so the eu can contribute to international peace and security and prevent the proliferation of weapons of mass destruction wmd. Dec 09, 2019 as an exporter, you must ensure your exports will not be used by an end user or for an end use prohibited by the export administration regulations ear or the international traffic in arms regulations itar. Some items could be potentially useful for purposes that are contrary the interest of the exporting country. Bis expands military end useend user controls export. Export control is an area of legislation that regulates the export of goods, software and technology. Tax and duty manual end use procedure maximum value of goods which may be under end use at a given point in time the control officer will establish from the company records the maximum value of goods under end use at a given point in time over the previous 12month period. For this document a representative who handles a controlled item transit, broker, etc.
You may not, without a license, knowingly export or reexport any item subject to the ear to an enduser or enduse that is prohibited by part 744 of the ear. Any statute, proclamation, executive order, regulation, rule, license, or order applicable to any conduct involving an export transaction shall be deemed to be a law or regulation relating to export control. In product development, an end user sometimes enduser is a person who ultimately uses or is intended to ultimately use a product. Traders are obliged to complete eucs under the same conditions as end users. Export controls for software companies what you need to. You may not, without a license, knowingly export or reexport any item subject to the ear to an end user or end use that is prohibited by part 744 of the ear.
The term export controls typically refers to regulations overseen by several federal agencies, especially the departments of state, commerce, and treasury, that implement federal laws put in place to protect national security, promote foreign policy, and in some cases to control short supplies. The ear requires that the export is to a valid user and for a valid end use. Paradoxically, the more automated the discovery process is, the more manual the winnowing needs to be. End user the person abroad that receives and ultimately uses the exported or. A hybrid approach to enduser computing controls as with many things, the best solution probably lies somewhere in the middledrawing from the benefits of both topdown and bottomup approaches. End user location, and country where the product will be located and used end use what the product will be used for 07 of 12. The substance of this definition is not new to the itar, but it does make. The ficci export control compliance manual 2018 is an attempt to combine best practices in internal compliance policies and procedures to safeguard organisations from exporting unauthorized items and consequently damaging the reputation of their firms and of the country, in addition to facing export penalties. The new rule lays out a fourpart analysis to determine whether data is protected under this end to end encryption carveout. The entry provided here will be assessed by the german export control authorities.
Aug 03, 2012 exporter responsibilities as a result of military end use controls. Documents export controls on strategic goods and services. Those terms in quotation marks refer to terms used on the commerce control list ccl supplement no. The nature of the export has actual or potential military applications or economic protection issues. Guidance for uk licensees an undertaking is required when applying for a standard individual export licence siel or standard individual trade control licence sitcl issued by the uks export control.
Export control definitions and commonly used phrases. Export military or dual use goods, services or technology. Both public domain information and publicly available technology and software are excluded from control under the itar and ear, resectively. However, the export of an ear99 item to an embargoed country, an end user of concern or in support of a prohibited end use may require a license. Export controls the federal definition of export controls is u. The export control joint unit ecju talks a lot about consignees, end users and third parties on licence applications. Dualuse items are goods, software and technology that can be used for both civilian and military applications. Failure to comply with export controls can subject. What is an internal compliance programme icp, and when do i need one.
Bis enduse monitoring program managed by the office of. Enduser definition of enduser by the free dictionary. Export controls increase the probability that illicit procurement is uncovered and the sinister intentions of wouldbe proliferants discovered. What kinds of controls in a governmentsponsored research project would compromise the fundamental research exemption. This memorandum is intended to provide an overview of your obligations, and to remind you of rice universitys commitment to export controls.
If it is not itarcontrolled, durc may be subject to the ear. Remember that the bis typically consider each export or other transaction as a separate violation, and that means potential penalties in the millions. Enduse monitoring and effective export compliance bis. Certain activities may fit within the definition of reexport and retransfer, such as the disclosure of technical data to a third country national abroad. Export controls apply to all international university activitiesinteractions here and abroad, not just sponsored research projects involving controlled information or technology. End userrecipient the legal or natural person who is legally responsible for the receipt of an exporttransfer.
End user certification both itar and ear regulations require the campus to certify the ultimate end user of the item or technology. Export control the set of laws, policies, and regulations that govern the export of sensitive items for a country or company. Challenges with commerces validated enduser program may limit its ability to ensure. Export control compliance manual northeastern university. This report traces the development of the brazilian export control system, outlines its major features, and. Manual completion of german end use certificates 5 trader a trader markets export controlled items of the exporter to end users or other traders.
End use a detailed description of how the ultimate consignee intends to use the commodities being exported. The end user is not a forwarding agent or intermediary, but may be the purchaser or ultimate consignee. The following are definitions of terms as used in the export administration regulations ear. Export controls are administered by multiple agencies such as the department of commerce and the. Export control questionnaire and end use statement zero manufacturing zero requires you to fillout and return this questionnairestatement with your signature below prior to order acceptance by zero. Page 8 end user, requirement to export, eccnusml codes and harmonized codes and other information required to complete these documents.
This paper is a revision and updating of the paper i published in the practicing law institutes course handbook coping with u. Export control definitions and terms research regulatory. The united states imposes export controls to protect national security interests and promote foreign policy objectives. Commerce control list ccl a list of items under the export control. Australian guide to export controls and best practices. In end user license agreements eulas, the end user is distinguished from the valueadded reseller that installs the software or the organization that purchases and manages the software. Shipping or taking items overseas university activities that involve the transfer of project information, equipment, materials, or technology out of the u. It is important to remember that you have an obligation to report any actions you believe are violations of the law, this export controls compliance manual, or any of the companys other regulations and policies. Export controls need to be regularly updated to adjust to evolving security risks and threats, rapid developments in science and. Goods controlled under torture legislation include export licensing controls on drugs used in executions by.
Export controls regulations definitions policies defense. Definitions sections, which are located at the end of groups 2, 4, 6 and 7. Export controls usually arise for one or more of the following reasons. The definition, which includes variants such as know and reason to. In addition, the ear set forth provisions that restrict exports. If a country is detected trying to import items illicitly, an effective export control system can increase scrutiny of that country and. If you need an export licence as a result of the military end use control, then the export. Your local export control officer will work with you to determine jurisdiction between itar and ear, and to identify licensing requirements. When an export license is required, most applications are made to the bureau of industry and security of the department of commerce bis, including export items regulated by other federal. That means screening your customers against denied party lists and watching for red flags. The sorts of technology covered by the controls is that related to the development, production or use of certain goods subject to export control, or technology subject to the enduse control in relation to weapons of mass destruction, certain arms embargoes or unauthorised military exports. The end user stands in contrast to users who support or maintain the product, such as sysops, system administrators, database administrators, information technology experts, software professionals and computer technicians. Enduser computing controls building an euc inventory.
General overview for companies operating in the united arab emirates, qatar, saudi arabia and south africa. Government concerns about the destination country, organization, or individual. Directorate of defense trade controls ddtc blue lantern program managed by. Enduser the person abroad that receives and ultimately uses the exported or. The controlled items are prevented to some degree from being sent to destinations where it is perceived they will be used in a harmful way. The export control joint unit ecju talks a lot about consignees, endusers and third parties on licence applications. The person abroad that receives and ultimately uses the exported or reexported items. Just one more reason to keep up with regulatory changes and to ensure that when it comes to military end users and end use, your compliance team is completely intheknow. While they share the idea that publicly available information should not be subject to export controls, they differ in how it can be made publicly available. Frequently asked questions about export control compliance ucop. Tax and duty manual end use procedure instruction manual on end use procedure published by authorisations and reliefs unit, customs division, nenagh. Information on various export control topics can be found by clicking on links above or in the righthand menu bar. In addition, certain end uses, such as research on biological weapons, or end users, such as those named on restricted lists, may also require an export control license. Frequently asked questions about export control compliance.
Whether an application for a license to export to the end user has previously been denied, or. Export controls compliance manual digital version outlining an export management and compliance program emcp at ndsu research integrity and compliance office of research and creative activity implemented, revised, and updated. In this part, references to the ear are references to 15 cfr chapter vii, subchapter c. The order of precedence for export controls first requires a determination of whether an item is itarcontrolled.
Export controls international trade administration. Definition of military product definition of a dual use product product classification. The description below collects different features from different. Sep 01, 2016 export controls for software companies what you need to know many u. User developed and user controlled applications, by definition, are not subject to the same development, monitoring, and reporting rigor and control as traditional applications. Faculty, and in particular researchers, are responsible to familiarize themselves with the universitys export control policy and the circumstances under which export control laws and regulations might be triggered. This website has been designed to help you understand and comply with the export control regulations. This manual is designed to assist the university community in understanding and complying with export control laws. And often, management lacks visibility into exactly how pervasive the use of eucs has become throughout the enterprise. Enduse a detailed description of how the ultimate consignee intends to use the commodities being exported. Omitted information or false declarations will affect future export license applications and shipments.
Controlling end user computing applications a case study. Federal office for economic affairs and export control bafa of the. The ultimate consumer of a product, especially the one for whom the product has been designed. Traders are obliged to complete eucs under the same conditions as end users providing additional information of the intended end use. With appropriate planning, customers can use office 365 tools and their own internal procedures to help ensure compliance with u. Specifically, the bis rule updates the ears definition of export to exclude data that is encrypted end to end between the transmitting party and the receiving party. Export control classification number eccn identifies the commerce control list classification. There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end use or user to ensure it does not result in an activity prohibited by any u. Complete the form see below for detailed instructions for export permit applications. What we do controlled products what are controlled products.
Which exports are controlled and therefore require a licence, how to apply and. Introduction to end user end use controls for exports of militarylist equipment agreed by the plenary, 3 july 2014 this document provides an overview of end user end use controls employed in national export control systems. Us export controls and trade and economic sanctions collectively, us trade controls. For sielsitcl applications required by the export control organisation. A list of dual use items, materials, software, and technology, subject to export regulation, maintained by the department of commerce that can be used both in military and other strategic uses e.
Export control has been in place in the usa since the time of the american revolution, although the modern export control regimes can be traced back to the trading with enemies act in the usa in 1917, and the import, export and customs power defense act of uk in 1939 a significant piece of legislation was the usa export control act of 1940. These items are classified as ear99 and have very few export restrictions. What should i do if i have concerns about the end user or end use of my goods. Proliferation of weapons of mass destruction and their means of delivery nuclear. There are two potential types of undertaking templates for sielsitcl applications and you need to ensure that your end user completes the correct and relevant template form as per the guidance. Export controls for software companies what you need to know.
665 344 1061 1393 1101 420 1445 663 1095 1053 782 1291 608 158 451 1502 449 303 1353 826 1521 1115 953 125 562 592 478 1050 1552 1035 982 785 431 591 1157 1425 285 619 1212 995 657 1499 588 1308 705 1459 641 1334 182 431