THE ECCN ANALYST AND LICENSE DETERMINATION SYSTEMS

What is an Export Control Classification Number (ECCN)?

When exporting commodities from the United States, or releasing technology or source code to a foreign national in the United States, under U.S. law it is the responsibility of the exporter to classify the items to determine if export licenses are required from any U.S. government agency.

Visual Compliance, with it's export documentation and license management software, includes the ECCN Analyst, a powerful search system which is used to determine the Export Control Classification Number (ECCN) for your goods — a fundamental step in ensuring your company keeps its export privileges and avoids risking non-compliance with U.S. export control regulations. If an item falls under the U.S. Department of Commerce export-licensing jurisdiction, finding its ECCN is the first step toward determining export license requirements together with any available license exceptions. Our ECCN electronic software search technology is supplemented by comprehensive online help.

If an item is not found, or if for controlled goods or technologies the goods are not within specifications detailed in the ECCN entry, the items are classified "EAR99". However, EAR99 classifications do not necessarily mean the goods are clear to ship to anyone, anywhere. All export goods are subject to the EAR and must respect the terms of U.S. federal sanction programs, embargoes, and blocked party restrictions. Information and screening for these respective areas is also provided in Visual Compliance.

The ECCN must be entered on a Shippers Export Declaration (SED) when:

  1. A BIS (Bureau of Industry and Security) license is issued;
  2. When exporting under license exceptions GBS, CIV, or LVS; or
  3. When the items fall under an ECCN controlled for national security (NS) reasons under Column 2 (NS2), but the export is eligible for NLR.

An exporter who enters a license exception symbol on an SED is representing to the U.S. government that the transaction meets all of the terms and conditions of that license exception.

A Commodity Jurisdiction (CJ) request is used to determine whether an item or service is subject to the export licensing jurisdiction of the U.S. Department of Commerce or the Department of State, Directorate of Defense Trade Controls (DDTC). The Bureau of Industry and Security (BIS) is the primary licensing agency for dual use exports, while the DDTC licenses defense articles and services.

If you are unsure of the export licensing jurisdiction of an item, or if you believe that jurisdiction has been incorrectly assigned and should be transferred to another agency, you can request a CJ determination. Please note that a determination of Commodity Jurisdiction will only identify the proper export licensing authority for an item, and is not itself a license or approval to export.

The term "dual use" is often used to distinguish the types of goods covered by the Export Administration Regulations (EAR) from those that are covered by the regulations of certain other agencies with export licensing authority. In general, it serves to distinguish EAR-controlled items that can be used in both sensitive (e.g. military or nuclear) and other, non-sensitive applications from those that are:

  1. Weapons- or military-related in use or design, and subject to the controls of the Department of State, or
  2. Subject to the nuclear-related controls of the Department of Energy or the Nuclear Regulatory Commission.

After you have used the Visual Compliance ECCN Analyst export controls software to determine the Export Control Classification Number for your item, use the Visual Compliance License Determination Assistant to determine what export licensing requirements apply when exported to a particular country, and any available license exceptions. The ECCN search application and License Determination software, along with the rest of the Visual Compliance online system, offer superior compliance control and management of your export documentation.

In addition to comprehensive analytical, classification, license determination, and research tools, Visual Compliance provides up-to-date contact information for all agencies involved with U.S. export controls.

Call toll-free 1-877-328-7866 and talk to one of our global trade compliance consultants. They'll help you analyze your requirements, evaluate your options, and provide focused product demonstrations. Or send an email to info@eCustoms.com.


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