U.S. Export Classification for Non-U.S. Practitioners

1 hour, 30 minutes (approximate)

Course Summary:

This practitioner-level training course gives learners outside the U.S. the foundation for conducting and/or validating U.S. jurisdiction and classification assessments of U.S.-origin items by analyzing the critical factors to be considered – which are not always explicit in the regulations – and the methods for conducting such assessments. The factors include the differences between the philosophies of the ITAR and EAR when reviewing items and the application of the specially designed definition, analysis of the pivotal definitions to understand when information is export controlled, guidance on the issue of ITAR contamination of non-U.S. items (commonly referred to as the see-through rule), and tips for reading the control lists. The course also discusses the role effective jurisdiction and classification plays in a company's compliance program, including best practices for documenting the determination process. The course presents information, analysis, and commentary that address issues of particular relevance to compliance practitioners operating outside the United States.

Learning Objectives:

The broadest objective of this course is to enable learners to recognize the expected steps in conducting a jurisdiction and classification assessment and the factors that impact the result of an assessment. This objective is satisfied when they can:

Trade-Specific Objectives

  • Understand the Order of Review process for determining U.S. classification and the role of the specially designed analysis.
  • Recognize the different philosophies regarding the control of technical information under the ITAR and the EAR.
  • Recall when the different regulatory terms are applicable such as defense articles and technology.
  • Identify technical information that may be export controlled and review for classification.
  • Remember that U.S.-origin items can contaminate a non-U.S. product or information.
  • Understand the importance of marking technical information with an export control status.
  • Recognize when a jurisdiction and classification assessment needs to be updated or reassessed.
  • Know that documenting the decision-making process and rationale is critical to successful compliance.

Role-Specific Objectives

  • Understand that they may be responsible for conducting or validating jurisdiction and classification assessments.
  • Recognize that they may be asked to assist a vendor in conducting a jurisdiction and classification assessment.
  • Understand that they may be responsible for ensuring the appropriate recordkeeping is maintained for a jurisdiction and classification assessment.

Target Audience:

Employees who are responsible for or involved in conducting and/or validating jurisdiction and classification assessments of U.S.-origin items
Employees who are responsible for determining if technical information is export controlled by the U.S. or marking export-controlled technical data and technology
These learners could include engineers, due to the technical nature of the control lists, but can include employees from other business functions

Course Outline:

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Certificate of Course Completion from

Export Control Profession CPD Points : 1.5

Continuing Education

LCB/CES Credits: 3.5

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