Where Dual-Use and Military Items Coincide – Proper Classification. C5 – 4th Forum on Export Controls 8 February 2010 - Brussels Anita C. Esslinger, Partner - Bryan Cave 88 Wood Street, London EC2V 7AJ +44(0)20 3207 1224 [email protected] Special Thanks To .
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Where Dual-Use and Military Items Coincide – Proper Classification
C5 – 4th Forum on Export Controls
8 February 2010 - Brussels
Anita C. Esslinger, Partner - Bryan Cave
88 Wood Street, London EC2V 7AJ
+44(0)20 3207 1224
U.S. and foreign companies in the aircraft parts and other industries have become more aggressive in the use of “ITAR-Free” certifications.
1.What is at issue, i.e., hardware, software, or information (“item”), or a service?
2.What is the jurisdictional status of the item or service, i.e., defense item or service controlled by the International Traffic in Arms Regulations (“ITAR”), or is it controlled by the Export Administration Regulations (“EAR”) or by another agency?
3.What is the classification status of the item or service, i.e., if EAR-controlled, what is its Export Control Classification Number (“ECCN”), or, if ITAR-controlled, what is its U.S. Munitions List (“USML”) subcategory number?
specifically (i.e., particularly) for a controlled military aircraft (even if part or component is no more sophisticated than a similar item for use with a commercial end-item)
According to the new Note, an aircraft or aircraft engine part or component is not ITAR controlled if it is:
Level of Technical Sophistication
Foreign Export Controls
Common Availability in the U.S. Market
Incorporation into a civilian end-item
No obvious military capabilities
Source of funding
Factors to consider and, if favorable, argue in a CJ request,
that support request to DDTC to remove item from ITAR control