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Export Control Documents Could Require More Information Under BIS Rulemaking

Friday, May 22, 2015
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security is accepting through July 6 comments on how the export clearance requirements in part 758 of the Export Administration Regulations can be improved, including how they can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations. BIS is particularly interested in comments on the following potential future changes, although it is accepting suggestions for other improvements as well.

Information on Export Control Documents. BIS is considering requiring the following information on export control documents (the commercial invoice and contractual documentation).

- Export Control Classification Numbers for all items on the Commerce Control List (except those designated EAR99)

- identification of the country of ultimate destination (BIS believes this would only impact a small number of exports because in most cases the export control documents already identify the country of ultimate destination)

- the license number, license exception code or “no license required” designation (comments are specifically requested on the application of this requirement to mixed authorization and mixed jurisdiction shipments)

Removing AES Filing Exemption for Canada. BIS may also require Automated Export System filing for exports to Canada of items controlled for national security, missile technology, nuclear nonproliferation, and chemical and biological weapons reasons, regardless of whether the export was authorized under a license, license exception or NLR. BIS states that because of the AES filing exemption for non-licensed items to Canada it currently has little visibility into the movement of these items into Canada, except exports that involve a licensed item, a 9x515 or 600 series item or transshipment to a third country, which do require the filing of electronic export information in AES.

BIS is therefore seeking information to help it determine (a) the volume of trade that would be impacted by this filing requirement, (b) if this change would be beneficial and practical or detrimental and burdensome for industry, (c) if this change would have a commercial impact on exporters, and (d) if there are alternative methods to collecting or accessing this data.

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