U.S. Export Classification for U.S. Practitioners

4.5 hours

Course Summary:

This training—designed for members of your export compliance team—aligns with the Tier 4 requirements outlined in Element 5 of the DDTC ITAR Compliance Program Guidelines.

This export practitioner-level training course gives learners the foundation for conducting jurisdiction and classification assessments 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, analysis of the pivotal definitions to understand when information is export controlled, guidance on the issue of ITAR contamination of non-U.S. items, and tips for reading the control lists. The course also discusses the role effective jurisdiction and classification plays in a company's trade compliance program, including best practices for documenting the determination process.

Users will receive a Certificate of Completion from the Schar School of Policy and Government at George Mason University upon successfully finishing this course.

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 different philosophies regarding the control of technical information under the ITAR and the EAR.
  • Recall when the different regulatory terms are applicable.
  • Identify technical information that may be export controlled, and review for classification.
  • Remember that U.S.-origin technical information can contaminate non-U.S. products or information.
  • Understand the requirements for marking technical information as export controlled.
  • 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 jurisdiction and classification assessments
  • Employees who are responsible for determining if technical information is export controlled 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:

Introduction to U.S. Export Classification for U.S. Practitioners

Regulatory Background

  • Layout of the ITAR
  • How the EAR is Structured
  • Overview of Key Definitions

An Introduction to Activities Regulated by the U.S.

  • Overview of End-Use and End-User Considerations
    – Red Flags Indicators
  • Restricted/Denied Party Screening
  • Types of Items and Activities Regulated by the U.S.
  • Subject to the EAR
    – Information and Software Not Subject to the EAR
  • Encryption Items
  • Identifying Technical Information
  • What is ITAR Technical Data?
    – What is EAR Technology?
    – Marking Technical Information
  • Internal Activities

Jurisdiction and Classification Overview

  •  The United States Munitions List
  • The Commerce Control List
    – EAR §772.1 "Country Groups"
    – EAR §772.1 "600 Series"
    – 9×515 Series
    – 0Y521 Series
    – 0x5zz Series
  • Methods of Classification Determination
    – Formal Commodity Jurisdiction Requests
    – Elements of a CCATS Request
  • Introduction to the Order of Review
    – The USML Order of Review
    – The CCL Order of Review
    – Other CCL Order of Review Considerations
    – Specially Designed (Under the ITAR & Under the EAR)
  • Other Jurisdiction and Classification Considerations
  • Triggers, Tips, and Common Mistakes
  • Documentation and Reassessment

Authorizations

Managing Your Authorization

Recordkeeping

  • ITAR Recordkeeping and Reporting: An Introduction
  • EAR Recordkeeping Requirements

Export Clearance Overview

  • Potential Violations
    – Identifying and Disclosing Potential Violations
    – Identifying When a Disclosure Should be Made

Compliance and Enforcement Actions

Conclusion

Ready to strengthen your supply chain team?

Certificate of Course Completion from

Continuing Education

LCB/CES Credits: 6.5

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