Esri Legal Information

Export Compliance

Definitions

BIS—Bureau of Industry and Security. An agency of the U.S. Department of Commerce (DOC) established by the Export Administration Act (EAA) that is responsible for administering and enforcing export controls on dual-use items. BIS administers the EAA by developing export control policies, issuing export licenses, prosecuting violators, and implementing the EAA's antiboycott provisions. BIS also enhances the defense industrial base, assists U.S. defense firms, and helps other countries develop export control systems.

Commerce Control List (CCL)—A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the Export Administration Regulations are also subject to the EAR. The CCL is found in Supplement 1 to part 774 of the EAR.

Dual-use—Items that have both commercial and military or proliferation applications. While this term is used informally to describe items that are subject to the EAR, purely commercial items are also subject to the EAR (see §734.2(a) of the EAR).

EAR—Export Administration Regulations. Regulations set forth in Parts 730–774 of Title 15 of the Code of Federal Regulations (CFR) and issued by the U.S. Department of Commerce to implement the Export Administration Act and other statutory requirements. The EAR is amended by rules published in the Federal Register.

EPCI—Enhanced Proliferation Control Initiative. The Presidential initiative announced in December 1990, upon which many U.S. Department of Commerce nonproliferation controls are based, focusing specifically on missile technology and chemical, biological, and nuclear weapons. Although the 1990 EPCI announcement addressed both controls on items and end-use controls, the term is often used informally to specify the EPCI provision that requires an export license based on what the exporter "knows" of the end user or end use, or upon what the exporter is "informed." See: EAR Part 744.

Export—Export means an actual shipment, transfer, or transmission of items out of a country; a transfer of goods or technology within a country with the knowledge or intent that the goods or technology will be shipped, transferred, or transmitted to an unauthorized recipient; or the transfer of goods or information in a country to an embassy or consulate of a foreign country.

Export Control Classification Number (ECCN)—Identifies items on the Commerce Control List that are subject to the export licensing authority of the Bureau of Industry and Security.

Export License—The approval documentation issued by an export agency authority authorizing the recipient to proceed with the export, reexport, or other regulated activity as specified on the application.

ITAR—International Traffic in Arms Regulations. Governs the export and temporary import of defense articles and services under U.S. Department of State jurisdiction. Regulations set forth in Parts 120–130 of Title 22 of the Code of Federal Regulations and issued by the U.S. Department of State to implement the Arms Export Control Act (AECA) and other statutory requirements. The ITAR is amended by rules published in the Federal Register.

License Exception—The license exception assigned to a product by the BIS that allows export to specified destinations without having to obtain a separate license from the U.S. Department of Commerce.

  • ENC/Unrestricted—ENC/Unrestricted products are eligible for export to any end user (including government end users) in all countries except the five (5) embargoed countries: Cuba, Iran, North Korea, Sudan, and Syria.
  • ENC—ENC (also denoted as ENC/Restricted) products are eligible for export to any end user (including government end users) in EU member countries (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and United Kingdom) and close trading partners (Australia, Japan, New Zealand, Norway, and Switzerland). In addition, ENC products are eligible for export to any nongovernment customer in all destinations except the five (5) embargoed countries: Cuba, Iran, North Korea, Sudan, and Syria. Exports to government end users outside the EU and close trading partner countries will require an export license issued by the U.S. Department of Commerce.
  • EAR99—The low-level basket category of items subject to the EAR that are not classified under any other ECCN.
  • TSR—Technology and Software Restricted. Export of TSR-eligible material to certain countries requires that a signed written assurance against reexport to other countries be provided by the consignee (recipient) to the exporter before exportation. A license is required to export the same technology and software (a) if the written assurance is not obtained and (b) to other countries.
  • TSU—Technology and Software Unrestricted.

NLR—Mass Market products are eligible for export with NLR (No License Required) to any end user (including government end users) in all countries except the five (5) embargoed countries: Cuba, Iran, North Korea, Sudan, and Syria. Mass Market products are eligible for de minimis treatment.

OFAC—Office of Foreign Assets Control. The office at the U.S. Department of the Treasury that administers and enforces economic and trade sanctions against targeted foreign countries, terrorism-sponsoring organizations, and international narcotics traffickers based on U.S. foreign policy and national security goals. OFAC blocks assets of foreign countries subject to economic sanctions; controls participation by U.S. persons, including foreign subsidiaries, in transactions with specific countries or nationals of such countries; and administers embargoes on certain countries or areas of countries.

Reexport—An actual shipment or transmission of items subject to export regulations from one foreign country to another foreign country. For the purposes of the U.S. EAR, the export or reexport of items subject to the EAR that will transit through a country or countries to a new country, or are intended for reexport to the new country, are deemed to be exports to the new country.

Technical Assistance—May take forms such as instruction, skills training, working knowledge, and consulting services and may also involve the transfer of technical data.

Technical Data—May take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, and instructions written or recorded on other media or devices (such as disk, tape, or read-only memories).

Technology—Any specific information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, manuals, and software, or in intangible form, such as training or technical services) that are required for the development, production, or use of a good, but not the good itself.

WA—Wassenaar Arrangement. The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is a multilateral regime that contributes to regional and international security by promoting transparency and greater responsibility in international transfers of conventional arms and dual-use goods and technologies.

Esri Export and Trade Contacts


Cynthia Soto

Export Contracts Specialist
Esri Contracts and Legal Services
Phone: ++909-793-2853,
ext. 1-1332
Fax: ++909-307-3020
E-mail: csoto@esri.com


Barbara Luttrull

Contracts Attorney
Esri Contracts and Legal Services
Phone: ++909-793-2853,
ext. 1-2474
Fax: ++909-307-3020
E-mail: bluttrull@esri.com


Al Elgendy

Export Compliance Specialist
Esri Contracts and Legal Services
Phone: ++909-793-2853,
ext. 1-5069
Fax: ++909-307-3020
E-mail: aelgendy@esri.com


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