EAR99 is a designation on the BIS’ CCL. It acknowledges that an item is not on the CCL, but still subject to the EAR. EAR99 items can usually be exported without license, unless they are being exported to a sanctioned/embargoed country (such as Iran or North Korea), or a restricted/denied party.

If an item is covered by the CCL or USML, and your organization cannot get a license, exception, or exemption, you will be unable to legally export said item.

Yes. All organizations doing business in the United States must adhere to U.S. regulations regarding export compliance. Organizations doing business in other countries may be subject to additional export regulations based on those countries’ jurisdictions as well.

If an organization has subsidiaries and offices abroad, sending them items may count as exports, and be subject to the relevant export controls. This also includes the transfer of information, which may count as a “deemed export.”

Exports do not necessarily have to involve the physical transfer of goods or information out of the country. If, for example, controlled information is transmitted or exposed to a foreign national via electronic means, it counts as a “deemed export”, even if said foreign national resides in the United States. Any organization can fall foul of deemed export violations, with educational institutions and research facilities known to be at high risk for such violations—inadvertent or otherwise.

Government agencies and bodies regulate and control exports by assigning unique export codes or numbers to individual items and components. These classification codes typically denote which restrictions apply to each item, and organizations that import or export are expected to correctly classify their products, as well as adhere to the restrictions that come with them.

Each export control body has its own system of classification for exports. In the U.S., for example, the BIS uses ECCNs, ITAR uses USML, and additionally, the United States Census Bureau maintains Schedule B classification codes for exporting goods out of the U.S. Other countries around the world have their own classification systems that organizations should be mindful of and adhere to where necessary.

There are also Harmonized Tariff Schedule codes (HTS/HS) which are used by most countries throughout the world to classify imported products.

Any organization doing business in the United States, or with American citizens or organizations, has a legal obligation to meet American export compliance requirements, regardless of whether or not they are based in the U.S. Any transactions conducted in the U.S. dollar, or routed and processed through American financial institutions, come under the purview of OFAC. Additionally, organizations may also be bound by the export compliance regulations of the countries they are based out of and do business in.

As detailed above, export compliance is comprised of a multifaceted and broad set of responsibilities. Organizations looking to get started on their compliance journey should typically look at starting with screening the parties with whom they do business. Screening should then be integrated into a larger compliance process that also includes classification of items and technologies (the latter to prevent deemed export violations from occurring).

Documents pertaining to export compliance should be also maintained, filed, and archived properly. This helps to ensure proper recordkeeping that proves due diligence, as proving your compliance is just as important as the act of complying in the case of a government audit.

While these activities can be performed manually, such as visiting government websites to perform denied party, and sanctioned and embargoed country screening, as well as searching for the appropriate classification codes, and the like, these can be time consuming and complex. This type of process also comes with a high probability for error and potentially erroneous recordkeeping. Export compliance solutions, such as the ones offered by Descartes Visual Compliance, save time and resources, reduce the scope for error, increase the comprehensiveness of a compliance program, and are generally an organization’s best bet at getting—and staying—compliant.