Export Jurisdiction and Classification Determinations

To determine whether organizations or individuals need to register or obtain a DDTC license or other approval, they must determine the appropriate jurisdiction and classification of the commodities they manufacture, export, temporarily import, or broker. Jurisdiction refers to the set of regulations to which a commodity is subject, e.g., the ITAR or the Export Administration Regulations (EAR).

AEI assists the client in determining their item’s jurisdiction, whether subject to the ITAR or EAR. We teach our clients how to accurately follow the Order of Review for both the ITAR and EAR. By throughly understanding when “Specially Designed” is “caught” and “released” is critical when determining the proper classification.

• ITAR: Is the item enumerated in a Category or described in a “Catch-all” paragraph that incorporated “Specially Designed”. If not subject to the ITAR, the commodity falls to the EAR.
• EAR: Is the item subject to another agency’s jurisdiction? If not, then follow the six steps defined in the Order of Review. If the item is not described under any ECCN of any category of the CCL, then the item is “designated” as EAR99.
• AEI assists clients in preparing and submitting Commodity Jurisdiction Requests to both the DDTC and BIS.

Assist with DDTC Registration

The ITAR requires that, subject to certain exemptions, any person who engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, including technical data, or furnishing defense services, must register with DDTC. Manufacturers who do not engage in exporting must nevertheless register. At AEI we guide our client through the process to assure timely processing of the DS-2032 Application.

• Assist with creating a DECCS account.
• Assist with completing the DS-2032 Application.

Screening Transactions for Violations

Understanding how and when a violation can occur is critical. Working with the client we assist in screening RFQs and other transactions for potential prohibited End Uses and End Users. By screening transactions and all of the parties involved against U.S. Government restricted watch lists, we reduce the risk of inadvertently violating export regulations.

• Understanding how to navigate the numerous U.S. Government Watch Lists then parse the results can be confusing. AEI provides clear guidance how to accurately and effectively screen individuals and organizations.

Export License and/or Agreement Application Preparation

Assist the client in preparing export license applications and related agreements under the ITAR and EAR. Prior to export assist in performing Shipment Reviews and Related Documentation.

• AEI has decades of experience preparing export licenses and agreements.
• We help the client save time and resources by assisting in the use of DECCS and/or SNAP-R for license submittals.

Internal Policies, Procedures, and Record Keeping

The ITAR requires all registrants to maintain records regarding the manufacture, acquisition, and disposition of defense articles, including technical data; the provision of defense services; brokering activities; and information on political contributions, fees, and commissions furnished or obtained, pursuant to ITAR part 130.

AEI can provide the policies and procedures required for compliance:

• Technology Control Plan
• Corporate Policy Statement
• Customer End-Use, End-User Questionnaire
• Visitor Control
• Denied Party Screening, Suspect Violations Processing, License Processing
• Supplier Questionnaire
• Internal Audits
• Classification Procedure

Assist in Preparing Voluntary Self Disclosures

Because ITAR violations can cause serious harm to U.S. national security and foreign policy, they can result in the imposition of criminal and/or civil penalties, to include debarment, and/or other costs, including reputational damage and the denial or revocation of export licenses. Early detection, reporting, and rapid corrective actions are essential to minimize any harm to U.S. national security and foreign policy and mitigate an organization’s legal exposure.

• AEI can guide the client in understanding when and how to prepare and submit a VSD to either the DDTC or the BIS.
• It is critical that the organization understand the deadlines imposed on VSD’s, AEI helps it’s client stay on-track.

Perform Export Compliance Audits

The DDTC recommends that compliance audits are independent, objective and performed regularly in determining the effectiveness of the Compliance Program. AIE can perform audits to identify deficiencies in the client’s system and remediate them.

• Both the DDTC and BIS encourage organizations to continually monitor it’s compliance program. AEI can save time and resources by performing thorough compliance audits.
• Clients learn which areas within the compliance program are critical to audit in order to minimize the risk of violations.

Provide Export Control Training

The DDTC recommends that organizations should adopt a tiered ITAR training program based on the responsibilities of each employee and other personnel within the organization. AEI offers the following training:

• Empowered Official & Compliance Officer
• Senior Leadership & Functional Managers
• General Employee
• Custom Courses Upon Request