Articles and News Index

EAR99 is a common classification under the U.S. Export Administration Regulations (EAR) for items not listed on the Commerce Control List (CCL). While generally low-risk, EAR99 items still require compliance with export regulations, especially when dealing with restricted destinations, entities, or end-uses.

Preventing the unauthorized diversion of export-controlled items is critical for national security and compliance. This article explores key strategies like KYC due diligence, automated restricted party screening, legal compliance agreements, and post-shipment monitoring to safeguard sensitive exports.

Export control regulations are critical for businesses involved in international trade. This article explores the importance of CCATS and CJ requests in determining export classifications under EAR and ITAR, helping companies avoid penalties, ensure compliance, and optimize global operations.

The International Traffic in Arms Regulations (ITAR) governs the export and import of defense-related articles, services, and technical data in the U.S. This guide explains the key ITAR license types—DSP-5, DSP-73, DSP-61, and TAA—and their roles in ensuring compliance and protecting national security in global defense trade.

U.S. export regulations are constantly evolving to address national security threats, technological advancements, international trade agreements, and compliance enforcement actions. Businesses engaged in global trade must closely monitor these changes to remain compliant and avoid disruptions.

Understand the extraterritorial reach of U.S. export controls under ITAR and EAR. Learn how these regulations impact foreign entities, enforce compliance globally, and safeguard national security.

Learn the significance of the EAR Country Chart in determining export licensing requirements. Understand how it helps businesses comply with U.S. export regulations, manage risks, and adapt to policy updates.

Learn why recordkeeping under ITAR and EAR is critical for compliance. Discover the penalties for violations, operational risks, and strategies to mitigate recordkeeping failures in export control regulations.

Discover why export compliance training is essential for your business. Learn who needs training, the types available, and how often it should occur to ensure compliance with ITAR, EAR, and other export control regulations.

Learn how to determine if you need an export license, the types of licenses available under ITAR and EAR, and the steps to apply. Stay compliant with U.S. export regulations and avoid penalties.

Learn the critical differences between sanctions and embargoes, their impact on global trade, and how businesses can navigate compliance with evolving international trade restrictions. Stay informed to protect your operations.

Understand the differences between HTS codes and Schedule B numbers, their roles in import/export compliance, and how they relate to the Harmonized System (HS). Learn why accurate classification is critical for smooth trade operations.

Learn why export control audits are essential for compliance. Discover how audits identify risks, improve procedures, and ensure adherence to ITAR and EAR regulations. Explore the benefits of third-party audits, tailored approaches, and actionable recommendations to strengthen your export compliance program.

Explore the challenges and risks of in-house export classification, including navigating complex regulations, the potential for human error, and resource limitations. Learn how improper classification can lead to severe legal and financial consequences, and discover strategies to enhance compliance and mitigate risks in your export operations.

Learn how to create and implement effective Compliance Policies & Procedures to meet export control regulations. Discover best practices for documentation, in-house vs. third-party development, and how a tailored Compliance Manual can save time, reduce risks, and ensure compliance.

Navigate the complexities of export control with our FAQ guide. Learn how to determine ITAR vs. EAR jurisdiction, classify items accurately, and choose between in-house or third-party classification. Discover tips for preparing classification projects and understand key factors like item complexity and data availability. Stay compliant and efficient with expert insights.

Understand the compliance risks of technology transfer, including ITAR, EAR, and export controls. Learn how to avoid penalties, protect IP, and ensure regulatory compliance.

Compare Foreign Military Sales (FMS) and Direct Commercial Sales (DCS): Understand key differences in U.S. defense exports, from government roles to sales processes.

Navigate U.S. export licensing with DECCS and SNAP-R portals. Simplify compliance for defense and dual-use items with real-time tracking and centralized management.

Understand the key differences between ITAR and EAR regulations. Learn how these U.S. export control frameworks govern military and dual-use items, their licensing requirements, and penalties for non-compliance. Stay compliant and protect your business.

Outsourcing export control compliance offers businesses a cost-effective way to navigate complex trade regulations. With access to specialized expertise, AI-powered tools, and robust risk management strategies, companies can ensure adherence to global standards while minimizing operational costs. Discover how professional outsourcing solutions can safeguard your business from penalties, enhance compliance efficiency, and provide peace of mind in an increasingly regulated trade environment.

CFIUS plays a critical role in protecting national security by applying export control regulations to foreign investments. This involves evaluating controlled technologies, ensuring compliance with licensing requirements, and safeguarding sensitive defense capabilities.

The De Minimis Rule is a key export control regulation that applies when U.S. content in foreign-made items exceeds 25%. This rule plays a critical role in international trade compliance, helping businesses navigate global markets while adhering to regulatory standards.

New U.S. tariff policies, including 25% duties on Canada/Mexico imports and heightened China tariffs, are reshaping global trade. Economic impacts include a 0.25% GDP decline, 177,000 potential job losses, and a 6% drop in North American exports. Learn how businesses can adapt their strategies to navigate supply chain disruptions and evolving trade dynamics.

Discover why supply chain optimization is vital in today’s global economy. Learn how it reduces costs, boosts customer satisfaction, mitigates risks, and enhances flexibility to ensure business resilience and success.

Export compliance policies and procedures are vital for businesses engaging in international trade.

Learn the critical aspects of export licensing, including verifying destination restrictions, managing embargoes and sanctions, and vetting end-users. Discover effective strategies for global trade compliance with CTP's expert guidance.

Explore the key differences between ITAR and EAR regarding export license exceptions and exemptions. Discover how they can save time and ensure compliance with U.S. export control regulations. Read more on the CTP blog.

Learn why Denied Party Screening is crucial for businesses in global trade. Discover how effective screening mitigates risks, ensures compliance, and maintains your company’s reputation. Stay updated with evolving regulations and protect your business with robust DPS protocols.

Discover why export compliance training is crucial for businesses. Learn about the key components, benefits, and best practices to implement effective training programs and ensure ongoing regulatory adherence.

Learn what a voluntary disclosure is and its significance in export compliance. Discover the steps, benefits, and best practices to proactively address export control violations and maintain regulatory adherence with CTP's expert insights.

Discover essential strategies for maintaining export compliance. Learn how to anticipate regulatory changes, manage internal and external transitions, and sustain robust compliance practices with expert guidance from CTP.

Explore the key roles of international efforts in export control. Discover how multilateral regimes and treaties enhance global security and prevent weapons proliferation, promoting a safer international community with CTP.

Explore how strategic auditing can enhance your export control compliance. Discover key goals such as ensuring adherence to regulations, managing risks, and continuous improvement with our expert insights at CTP

Learn what EAR99 means in the realm of export control and how it simplifies international trade for less restricted items. Harness CTP's expert guidance to navigate the complexities of export regulations effectively.

Unlock the complexities of export licensing with CTP's expert guidance. Learn how to manage military and commercial licenses, navigate DECCS and SNAP-R portals, and ensure

Cut through the complexities of Export Control Classification Numbers (ECCNs) with our expert assistance. Learn how CTP can help your business navigate export regulations, ensuring compliance and success in international trade.

Discover the essentials of export control compliance for exporters. Learn how CTP's expert services can help you understand and comply with ITAR, EAR, and other regulations to ensure your company's ongoing success in global trade.

An Export Compliance Program (ECP), ensures that all their responsibilities are addressed at the right time and in the right way.

In this comprehensive guide, we’ll explain what it is, how it functions, and why SNAP-R is a crucial tool for companies looking to navigate the intricate web of export regulations.

In this article, we’ll unravel the complexities of ITAR, who needs to abide by it, and why hiring an experienced team, like CTP, is essential for success in this space.

Export classification is the meticulous analysis undertaken to determine whether an item, which could be a physical product or part, software, technology, or service, falls under the purview of U.S. export controls.

With this in mind, the Bureau of Industry and Security (BIS) has identified eight elements of a comprehensive Export Compliance Program (ECP) manual.

In the course of export consulting, we often find exporters who have some idea of the significance of the Harmonized System (HS) Code since it is tied directly to customs duties. However, when pushed further, exporters based in the U.S. are often unaware of another code called the Schedule B, which is critical to filing accurate export documentation.

Customs compliance professionals must understand and prepare for new applications of the Harmonized System (HS) to ensure they are prepared to address emerging supply chain challenges while complying with applicable laws and regulations.

We all recognize risks, consciously and unconsciously. We are careful near cliffs or driving at high speed; we watch our diet and we manage our investments. We look out for our kids before – and sometimes after – they know how to care for themselves.

Conducting an export control audit is essential to any successful export compliance program. It is critical that all companies subject to U.S. export control laws maintain export compliance programs and routinely audit their effectiveness and efficiency.

Do you understand the difference between the Harmonized Tariff Schedule (HTS) and Schedule B? Exporters often use these terms interchangeably. Technically, however, they serve very different purposes.

If you can’t make the Update conference in DC next week, BIS is offering the next best thing. Assistant Secretary Kevin Wolf will conduct an Open Forum by teleconference next week to offer a summary of recent ECR developments. Access instructions are in the full BIS announcement, below.

In coordinated announcements last week, BIS and DDTC proposed many new or altered definitions that attempt to harmonize comparable terms in the EAR and ITAR. The DDTC proposal includes, among many others, a new definition of “defense services.”

Want the Commerce Control List (CCL) made clear? Need faster, easier classifications? You’re in the right place.

When classifying items under the Export Administration Regulations (EAR), the phrase “Parts and Components” consistently appears in the various Export Control Classification Number (ECCN) entries on the Commerce Control List (CCL).

We often get this question from prospective clients, even before we know anything about the items on their list. This is like taking your car to a mechanic and asking, “How much to fix my car?” Since he doesn’t yet know what’s wrong, the mechanic can’t know how long it will take to fix.

On August 17, 2016, the Bureau of Industry and Security and the Department of State published final rules (here and here) to harmonize the Destination Control Statement (DCS) required under §758.6 of the Export Administration Regulations (EAR) and §123.9 under the International Traffic in Arms Regulations (ITAR) respectively.

Commodity classification is critical. In fact, we call it Job #1 since most of your compliance requirements are based on these determinations. But classification projects are not all the same.

You’ve worked out your classification strategy and your budget. Now it’s time to prepare. What does that entail? What information is required to conduct a comprehensive, efficient and accurate export classification project?

President Obama and the administration are moving full steam ahead to normalize bilateral relations with Cuba.

The folks at DDTC are beginning a slow roll out of their new electronic interface, DECCS, starting next week. DECCS, which stands for the Defense Export Control and Compliance System, is DDTC’s new modernized IT system.

With H-1B visa window approaching, there is renewed attention on the I-129 visa application, notably the certification that “[a] license is not required from either the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person.”

DTrade DSP forms and forms viewer have been upgraded to support SHA-256 digital certificates as required by federal mandate. Effective November 25, 2013 the use of the new forms (v8.0) will be mandatory and users may begin using SHA-256 digital certificates to access DTrade, as well as digitally sign and submit the DSP forms listed above.

On June 20, 2013 U.S. Department of Commerce published revisions to the Export Administration Regulations based on the most recent agreements in Wassenaar. These EAR changes to the Commerce Control List (CCL) in Category 7 implementing the Wassenaar agreement significantly reduced the level of technology control for Fly-by-Wire technology in ECCN 7E004b.

Many of our colleagues in the compliance world already follow the weekday release of Jim Bartlett’s terrific newsletter: The Export/Import Daily Update (“The Daily Bugle”). If you don’t, we recommend that you click our Private Sector page (see grey banner above), find Exporter Resources in the right hand menu, and select “Newsletters & Blogs” for sign-up instructions.

CTP recently managed a cooperative activity in Mongolia, gathering experts from the U.S. Department of State and the Government of Mongolia to further refine their draft law on Strategic Trade Controls. This event, held Nov. 5-7th at the Government House, is CTP’s most recent task in our long running support of the Export Control and Border Security (EXBS) office, totaling over 600 activities in 60+ countries over nearly twenty years.

In just under a year, our Regional Training Center (RTC) in Accra Ghana has held twenty activities for the sponsor organization, U.S. Department of State’s Bureau of International Narcotics & Law Enforcement Affairs (INL), and four more events for other USG agencies. Already, we are making plans for a slate of more than twenty West Africa regional programs in 2014.

CTP recently delivered a one-week training program on Employing Special Techniques in Transnational Organized Crime Investigations (TOCI) to delegations from Ghana, Burkina Faso and Senegal at the West Africa Regional Training Center (RTC) in Accra, Ghana. Held on December 9-13, 2013, the course provided participants with an opportunity to apply specialized techniques to effectively detect and investigate suspected transnational organized crime activity.

“Quotation marks” are often misused. We have all read passages or seen “signs” where someone “clearly” didn’t realize what they were conveying with the “quotation marks.”This may cross your mind when reading the Export Administration Regulations since there are many “words” in quotation marks which seemingly have no business being quoted. But you would be wrong.

The next round of ECR amendments went into effect today, albeit with numerous clarifications and cleanups included. It was announced and succinctly explained today by Jim Bartlett in his terrific newsletter which we have excerpted below. We have also included an excellent summary on the same topic which was published in Bartlett’s newsletter on Dec. 27 by Bruce Leeds of Braumiller Schulz.

Starting April 19, 2017, U.S. companies and persons intending to export or reexport certain items subject to the Export Administration Regulations (EAR) to Hong Kong should make sure you’ve got your import paperwork in order before shipping. Not familiar with this requirement?

CTP’s renowned expert, Bruce Webb, pens a semi-regular blog on the nuances of commodity classification. Visit our archive for past entries by Bruce and other CTP experts.

CTP is currently organizing a two-day workshop on Economic Modeling and WTO Trade Policy Development for about 35 Ukrainian government officials as part of a multi-phase technical assistance program conducted by CTP’s longtime client Commercial Law Development Program (CLDP). CLDP is partnering with the Ministry of Economic Development and Trade (MEDT) and the Government of Ukraine to improve the quality of trade and economic policy formulation in Ukraine’s efforts to fulfill World Trade Organization (WTO) rights and obligations.

CTP facilitated a one-week Fundamental Investigative Criminal Analysis training program for law enforcement officials from Benin, Togo, Nigeria and Ghana at the State Department’s West Africa Regional Training Center in Accra, Ghana during the week of December 16-20, 2013.

On Friday, June 16th, President Trump announced changes to the U.S. policy towards Cuba. His new Cuba policies seek to enhance compliance with U.S. law, hold the Cuban regime accountable for human rights abuses, further U.S. national security and foreign policy interests and those of the Cuban people, and lay the groundwork for empowering the Cuban people to develop greater economic and political liberty.

Another case has reached settlement involving foreign nationals with unlicensed access to controlled technology. In this instance, the company knew the law and applied for the necessary license but neglected to wait until the license was issued. It provided an expensive lesson for them and a timely reminder for us all.

On July 20, 2017, the Office of the Foreign Assets Control (OFAC) announced a $2 million penalty against ExxonMobil Corporation and two of its subsidiaries for violating the Ukraine-Related Sanctions Regulations.

We have had a flurry of activity in Accra, Ghana with the Regional Training Center (RTC) relocating to a large, new facility supported by several additional staff experts.

Unfamiliar with the “petro?” You’re likely not alone given the increasing variations of Bitcoin and other cryptocurrencies with their wild price increases and dips. Back on December 3, 2017, as part of the Venezuelan government’s five-hour Christmas special, Venezuelan President Nicolás Maduro introduced the “petro.”

Happy New Year, folks! I’ve kept you in suspense long enough, so here it is – Part II of our blog series in understanding “technology” controlled under the EAR.

CTP was pleased to support the recent efforts of the U.S. Embassy in Accra, Ghana as they gathered law enforcement officials from Ghana, Benin, Niger, Nigeria and Togo for a week of discussion and training on border security issues.

State Department announced sweeping amendments to ITAR Category XV, moving most commercial, scientific, and civil satellites and their parts and components (including radiation-hardened microelectronic microcircuits) over to the CCL, within which new ECCNs (9A515, 9B515, 9D515, 9E515) were created to help accommodate the migrating items.

Our training center in Accra, Ghana is bustling with activities, with this year’s slate even busier than last. Even better, the courses are getting tremendous participation from neighboring West African countries and invaluable recognition in the international community.

As part of our international outreach activities on behalf of the Department of State, CTP has been operating the West Africa Regional Training Center (RTC) in Accra, Ghana. With the guidance of the Bureau of International Narcotics and Law Enforcement Affairs (INL), the RTC is now offering “Employing Special Techniques in Transnational Organized Crime Investigations.”

We invite you to tune in tomorrow, February 19th, at 1:00 pm (Eastern) to a webinar that CTP is co-sponsoring with Seclore, a data security provider. The 30-minute webinar will focus on identifying and addressing the risks of Technology Transfer. CTP’s Director of Commercial Business, Rick Phipps, will join a panel of experts to discuss the issues from varying perspectives.

Investigative criminal analysis is a valuable tool for identifying criminal associations and activities, generating investigative leads, and identifying patterns and trends in criminal activity. The Criminal Justice Group at CTP, led by Director Bill Kuhn, is working alongside the State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) to deliver an upcoming course on Fundamental Investigative Criminal Analysis (FICA).

In just the few short months since CTP opened the Regional Training Center (RTC) in Accra, the dividends are already appearing for the host Ghanaian government, the neighboring regional countries, and the funding agency: International Narcotics & Law Enforcement (INL) within the State Department.

DDTC has released the minutes and presentations from their busy May 9th DTAG meeting. You have to sift but there is lots of reform-related information provided. In her introductory remarks, Deputy Assistant Secretary, Beth McCormick, told attendees to expect new Cat.VI, VII, XIII, XV, XX definitions before July.

First, the news: DDTC has just proposed to revise Category XV (Spacecraft Systems and Related Articles) of the USML to describe more precisely the articles warranting control. The revised definition of “defense service” is to include, among other things, details on the furnishing of assistance for certain spacecraft related activities. 78 Fed. Reg. 31444.

BIS is ramping up its outreach efforts to raise awareness and solicit feedback on the export control reform measures scheduled to go into effect on October 15. Regular webinars are being held on Wednesdays to present different aspects of the reform and to field industry questions.

Be careful what you ask for. That is what some exporters are saying when deciphering the new BIS definition of “Specially Designed.” See language pasted below. Yes, this language is useful and long overdue, but it is certainly not intuitive or user friendly for those not well-versed in the terminology and logic of the EAR.

Last week the Office of Foreign Assets Control (OFAC) held its 3rd International Trade Symposium at the Convention Center in Washington DC. Adam Szubin, OFAC’s Director, opened the Symposium with descriptions of sanctions efforts regarding Iran, Syria and North Korea. He also highlighted two important new resources: a fuzzy logic Specially Designated Nationals (SDN) List search tool and an online application system for OFAC licenses.

On April 24, during a hearing entitled: “Export Control Reform: The Agenda Ahead, ”Acting Assistant Secretary of State Tom Kelly, Assistant Secretary of Commerce Kevin Wolf, and Defense Technology Security Administration Director James Hursch all testified before the House Foreign Affairs Committee. They discussed the goals and status of the President’s Export Control Reform (ECR) Initiative and answered questions on a variety of related topics.

As we blogged on Tuesday, the final rules for the initial implementation of the President’s Export Control Reform (ECR) Initiative have finally been published. They will come into force on October 15, 2013, forcing exporters to get their compliance methodologies in order rather quickly. In the coming weeks, we will be blogging steadily, describing the reforms and how they can benefit our clients.

Major reforms are officially under way in the United States export control system. Many items that were considered Military in nature, and thus subject to stringent controls, will soon be re-classified. The aim of the reform is to move less significant Military items from State Department control to the Commerce Department where they will be subject to more liberal controls.

The time has come. As promised, the Departments of Commerce and State have just published the final rules that will guide the initial implementation of the Obama Administration’s Export Control Reform.

Although the U.S. backed the new global arms trade treaty which recently won overwhelming approval in the UN, it was apparent before the gavel fell that ratification by the Senate will not be easy. Although the unprecedented treaty seeks to keep weapons out of the hands of human rights abusers, the powerful National Rifle Association gun industry lobby promised to fight against ratification.

Regulatory change is never smooth or easy as evidenced by the pending export control reforms affecting the U.S. satellite industry. It will likely take another year for these reforms to take effect and already manufacturers are pushing for additional changes.

CTP was proud to oversee the first West African Anti-Corruption course at our new Regional Training Center in Accra, Ghana, welcoming delegates Ghana, Nigeria, Sierra Leone, Liberia and Tanzania. The goal was to discuss the impact of local and international anti-corruption and bribery legislation and its enforcement in West Africa.

“Capable of” is a confusing phrase in the vernacular of the Commerce Control List (CCL).

Export control can be baffling to newcomers. It is a blizzard of acronyms, “defined terms,” and citations.

The White House announced changes designed to simplify the export licensing requirements for less sensitive items and simultaneously build more effective protections for the most critical technologies. The measures will simplify and streamline the export authorization process for thousands of parts and components used in aircraft and gas turbine engines, based on a more rational approach to the “specially designed” restriction.

On top of the background buzz regarding the ZTE zigzag, the latest shoe has dropped in the ongoing export control reforms.