Export Compliance Officer Questions
and Answers32
DCS in the EAR - ANSWERS-Different than the DCS in the ITAR
Form DSP-83 - ANSWERS-Required with license applications for exports of classified technical
data, classified defense articles, significant military equipment
Federal Register - ANSWERS-The most authoritative and best way to keep track of proposed and
final regulatory changes regarding US trade controls
USML - ANSWERS-Contained in the ITAR
DSP-83 under the ITAR - ANSWERS-A non-transfer and use certificate
BIS license application for National Security items to Indonesia - ANSWERS-Generally requires a
Statement by Ultimate Consignee and Purchaser and an Import/End-user Certificate issued by
the IC/DV authority of the country
Schedule B Number - ANSWERS-Entered on the AES filing
ELA requirements - ANSWERS-All (foreign) consignees receiving items under the ELA must be
pre-approved
Exporter definition in the EAR and FTSR - ANSWERS-Different when the export is a 'routed
transaction'
,ITAR DA - ANSWERS-A contract to distribute defense articles from the US to an approved sales
territory, a contract to distribute defense articles manufactured and reexported abroad to an
approved sales territory, a contract to distribute defense articles exported from the US to a
distribution point abroad for redistribution to an approved sales territory
Documentation requirement on export shipments - ANSWERS-AES filing, Export License
application, CofO for reasons of import clearance at destination
Retransfer under the ITAR - ANSWERS-The transfer of defense articles and defense services from
one country to another, the transfer of defense articles and services from one end-user to
another in the same country, the same as a reexport
SNAP - ANSWERS-The electronic submittal tool for BIS export and reexport applications, and
commodity classifications
Statistical export regulations - ANSWERS-Mainly contained in the FTSR
BIS License application - ANSWERS-A Statement by Ultimate Consignee and Purchaser and an
Import/End-user Certificate issued by the IC/DV authority of the country.
ITAR-regulated technical assistance - ANSWERS-You must include in the agreement a clause
stating 'No liability will be incurred or attributed to the US government in connection with any
possible infringement of privately owned patent or proprietary rights either domestic or foreign,
by reason of the US Governments approval to this agreement.'
License requirement for revised data - ANSWERS-You will require a license before providing him
with this revised data.
,Major defense equipment - ANSWERS-Major defense equipment can be significant military
equipment but not all significant military equipment is major defense equipment.
Manufacturing license agreement - ANSWERS-An agreement (e.g. contract) whereby a US
person grants a foreign person an authorization to manufacture defense articles abroad.
Defense services contract - ANSWERS-The Directorate of Defense Trade Controls must notify
Congress, which has the option of prohibiting you from fulfilling the contract.
Plant visit approval - ANSWERS-Then under some circumstances, approval of the Directorate of
Defense Trade Controls is not required.
Re-export or retransfer - ANSWERS-Transfer of defense articles or defense services to an end
use, end user, or destination not previously authorized.
Warehousing and distribution agreements - ANSWERS-Must be approved by the Directorate of
Defense Trade Controls before they enter into force.
Defense service - ANSWERS-'Design, development, engineering, or demilitarization' are possible
definitions of defense service.
Technical data exemption - ANSWERS-Technical data, including classified information, related
to .45 caliber firearms, and ammunition for such weapons, except detailed design,
development, production, or manufacturing information, is exempt from ITAR requirements of
part 125.
Agent for defense articles - ANSWERS-A person who wishes to act as an agent for others in
negotiating or arranging contracts for sale of defense articles for a fee must first register and pay
the registration fee as provided for in the regulations.
, Registration Statement Requirement - ANSWERS-A registration statement must be submitted by
a company in the US that exports defense articles, by a company in the US that provides
defense services internationally, and by a company in the US that provides defense services to
the domestic market.
Export License for Shipment to Canada - ANSWERS-A shipment to Canada of (unclassified) fully
automatic weapons does not require any export license if any appropriate requirements of part
124 have been met.
Information Required in Registration Statement - ANSWERS-A registration statement must
include whether the general counsel has ever been convicted for violating any of the US
criminal statutes of 120.27, whether the intended registrant is ineligible to receive an export
license from the US Bureau of Industry and Security, and whether the chief executive officer has
ever been indicted for violating any of the US criminal statutes of 120.27.
Import and Reexport of Defense Article - ANSWERS-The District Director of Customs shall permit
the import and reexport of an unclassified defense article without a license if it is to be
improved and enhanced and then reexported to the country from which it is to be imported.
Export License for Goods to France - ANSWERS-An export license needs to be applied for when
a shipment of goods on the USML, normally requiring a license, is planned to be exported to
France after being shipped to Puerto Rico in accordance with ITAR requirements.
Temporary Import Application - ANSWERS-A person wishing to temporarily import a defense
article must usually file a DSP-61 or DSP-85 application before the import.
Exporting Cryptographic Hardware - ANSWERS-A US permanent resident wishing to export
unclassified cryptographic hardware product for personal and temporary use may export
without a license under specific circumstances.