2401532
Description
| Question | Answer |
| Transmission of software or technology by email, fax, electronic transfer, (including the Internet), to another country | Intangible transfers: |
| Shipment of tangible items to a foreign country | Actual physical |
| What is an “export” ? | Actual physical movement of items subject to US export control and Intangible transfers: |
| What is a “re-export” ? | A tangible shipment or movement of commodities, software or technology, subject to US export control regulations, from one foreign country to another and An intangible transfer of technology, software, or know-how, subject to US controls, to a foreign national outside the United States |
| Technology | Specific information necessary for the "development", "production", or "use" of a product. |
| What is a “deemed export”? | Release (exposure) of controlled technology to a foreign national (non-U.S. person) in the U.S. is deemed an export to the home country of that foreign national. |
| What is a “deemed re-export”? | Release (exposure) of U.S.-controlled technology in one country to a foreign national of another country is deemed a re-export to the home country of that foreign national. |
| Why are governments concerned about exports? | National Security Spread of Terrorism Chemical & Biological Weapons proliferation Nuclear proliferation Human Rights issues |
| Wassenaar Arrangement | It was established in order to contribute to regional and international security and stability, by promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies. |
| The Wassenaar Arrangement Control Lists Munitions List | Contains 21 main entries on items “specially designed” for military use, including certain items within the categories such as (but not limited to): Guns and Armament; Ground Vehicles; Aircraft and Related Articles; Gas Turbine Engines and Associated Equipment; Military Electronics |
| How do EU controls compare to US ? | Fewer unilateral controls No reexport controls (and no willingness to enforce US reexport rules) No deemed export rule No denial of export privileges No “General Prohibition Ten” – dealing in illegally exported items Differences in classification interpretation All controlled items require license for export from the Community to any country (no Country Chart) Very few items also require a license for intra-Community transfer Penalties higher e.g., in UK; greater enforcement in US Statute of limitations (e.g., 20 years in UK vs. 5 years in US) |
| Reasons for Control under U.S. EAR | Products and technology may be controlled for one or more of the following reasons: Chemical & Biological Weapons Nuclear Non-Proliferation National Security Missile Technology Regional Stability Firearms Convention Crime Control Anti-Terrorism |
| Defense articles, technical data and services are controlled for the following reasons: | •U.S. National Security •U.S. Foreign Policy •Furthering World Peace |
| Department of Commerce | Bureau of Industry and Security (BIS) Export Administration Regulations (EAR) Commerce Control List (CCL) Export Control Classification Number (ECCN) |
| Department of State | Directorate of Defense Trade Controls (DDTC) International Traffic in Arms Regulations (ITAR) United States Munitions List (USML) |
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