BIS Issues Guidance on Reexport Controls
The Department of Commerce's Bureau of Industry and Security has issued a guidance on reexport controls, entitled "Guidance on the Commerce Department's Reexport Controls."
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BIS states that its report is designed to give an understanding of BIS' regulations and how to use them. BIS notes that nothing provided in the report can substitute for consulting the Export Administration Regulations (EAR).
(The U.S. Department of Commerce regulates exports and reexports of "dual-use" items, i.e., goods, software and technologies with commercial and proliferation/military applications, through its EAR. If someone is outside the U.S. wishes to export or reexport an item that is of U.S. origin or that has a U.S. connection, the product may require a license from BIS.)
Overview of the Reexport Controls Guidance
The report contains information on the following:
What is a reexport?
Determining whether an item is subject to the EAR
Determining whether an item requires a BIS license
o Determining whether a U.S. origin item requires a license from BIS
o Determining whether a foreign-produced product requires a license from BIS because it contains some U.S.-origin content
o Determining if a foreign product requires a license from BIS because it is the direct product of U.S. technology or software
o Determining if a foreign product requires a license from BIS because it is the direct product of a plant or major component of a plant that was developed based on U.S. technology
Determining whether a product is eligible for License Exception
o Special restrictions
o Reasons for complying with reexport license requirements
o Where to apply for a reexport license
BIS Report (updated 09/06) available at http://www.bis.doc.gov/Licensing/BIS_Reexport_controls.pdf