U.S. reexport regulations can apply to certain goods and technologies that fall under the jurisdiction of the ITAR and EAR. Exporters are therefore responsible for ensuring that all legal requirements are met when engaging in reexports.
Reexport and Retransfer Requirements Under the ITAR
Reexport under the International Traffic in Arms Regulations (ITAR) 22 CFR § 120.51, refers to the export of defense articles or technical data from one foreign country to another after they have already been exported from the United States. The term export applies to a physical transfer, a transfer of technical data, or a transfer of registration, control, or ownership.
Retransfer under the ITAR 22 CFR § 120.52 refers to a change in end use or end user within the foreign country of original export, or a release of technical data to a foreign person who is a citizen or permanent resident of the country in which the release occurs.
A license, exemption, or other approval from Directorate of Defense Trade Controls (DDTC) is required for these exchanges.
Reexport and Retransfer Under the EAR
Reexport under the Export Administration Regulations (EAR) refers to the shipment or transmission of an item subject to the EAR from one foreign country to another. This includes technology or software released in one foreign country to a national of another foreign country. Certain items may require a license for reexport depending on their classification, ultimate destination, end user, and end use. De minimis thresholds are applicable when exported U.S. content is implemented in foreign-made items. These thresholds determine whether those items require a license for reexport.
The Bureau of Industry and Security (BIS), which enforce the EAR, is looking more actively into organizations that seek to bypass licensing requirements through transfers between international corporate entities, especially when these violations involve sensitive technologies subject to the EAR. U.S.-origin items or items physically located in the United States on which production begins in the United States are not rendered “foreign-made” when the items are exported and then undergo further assembly and testing in a foreign country.
CVG Strategy Export Compliance Management Programs
Organizations involved with export must adhere to regulations regardless of export regulations effectiveness. Remaining informed and having an effective export compliance program is essential for avoiding criminal and civil penalties.
Export Compliance Management Programs establish clearly defined policies and procedures for all departments within an organization. They ensure that registration, item classifications, license applications, denied part screening, and security measures are taken that will prevent violation. They also ensure that training, auditing, and record keeping are maintained according to requirements.
CVG Strategy can help you understand revisions to the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), and help you establish a coherent and effective export compliance program. We can perform export control classifications, perform audits, assist in filings for export licenses and educate your team. Regardless of whether your business falls under EAR or ITAR, CVG Strategy has the expertise to help
CVG Strategy Signs, Badges, and Visitor Logs for Facility Security Management
Visitor Badges and Visitor Sign-in Registers
Visitor badges provide a visual identification of visitors to your facility and give notice to personnel of requirements for access restriction and ensure that visitors are accompanied at all times by credentialed personnel. Visitor Sign-In Registers provide a logging mechanism for visitors granted access to premises and notifies visitors upon signing in of security requirements.
Facility Security Signs
Facility Security Signs inform visitors and remind personnel of defined controlled areas where export regulated articles, Controlled Unclassified Information (CUI), or sensitive information are present. These signs are an integral part of a comprehensive facility security management program. CVG Strategy’s Signs & Badges Store has a variety of signs, badges, and visitor logs to help your organization meet its physical and environmental security requirements. These offerings provide solutions for both export compliance and cybersecurity.
CVG Strategy Test Plan Templates
CVG Strategy also offers a wide array of EZ-Test Plan Templates for product test and evaluation that meet the requirements of MIL-STD-810, MIL-STD-461, MIL-STD-1275, MIL-STD-704, and others. Each environmental test plan is compliant with MIL-STD-810 Task 405. EMI/EMC test plans are compliant with MIL-STD-461 per DI-EMCS-80201.