Help! There’s an ITAR in my EAR

The Daily Bugle

Over four years ago, President Obama set the Country on the path of Export Control Reform (ECR). As part of ECR, revisions are being made to the U.S. Munitions List (USML) and a number of items formerly classified as defense articles are being moved to the Commerce Control List (CCL). These items continue to be subject to licensing requirements and embargoes but are, or will be, under the purview of the U.S. Department of Commerce (Commerce).

So what does all that mean in practice? Ultimately, a number of items subject to the more restrictive controls under the USML and license requirements of the Department of State will now fall under the Export Administrative Regulations (EAR) and the licensing requirements from Commerce. Exporters will need to ensure that they are properly classifying items and applying for licenses from the correct department under the new requirements.

If an item is transitioning from the USML to the EAR, a current license from the Department of State will remain temporarily valid, for the most part until the end of the license period. If a request for a license is submitted to the Department of State for a transitioning item after the effective date then the license application will be returned without action. [FN1] So it will be important to ensure that all items are properly classified prior to submitting a license application. In some cases, a commodity jurisdiction may be required to determine the proper categorization of an item. Commodity jurisdictions require specific information to be provided to the Department of State on the item, the use of the item and history of sales.



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