The Ins and Outs of Classifying and Re-Classifying Your Data, Technology, Products, Parts and Components under the EAR: How to Determine the Correct ECCN Number and Ensure Correct Calculations under the de minimis Rule

Jan 27, 2014 2:00pm – 

The first and most important step in U.S. export compliance is determining the jurisdiction of articles, technology and related services. This is especially challenging now because of export control reform. At this interactive working group, you will gain practical tools for making sense of EAR jurisdiction amid new and anticipated rule changes. Using case studies and concrete examples, you will learn how to navigate the classification and jurisdictional minefield, and determine if, when and how to re-classify your items, data and services to meet new compliance expectations. Useful guidelines, proven tips, handouts, along with other support and reference materials will also be provided.

• What is now covered under the EAR , and no longer ITAR-controlled
• Factors to consider when determining whether an item is EAR-controlled
• Navigating ECCN categories and groups
• How to determine the ECCN for your product:
– when to contact the manufacturer, producer or developer of the product selecting the appropriate category and group that most accurately fi ts your product
– reviewing the general characteristics of your item and identifying the appropriate section of the CCL
– matching the specifi c characteristics of your item to an ECCN
• Demystifying the “reasons for control” listed within ECCN categories, and assessing whether a license is required
• How export control reform will affect the classifi cation of your items and technologies, and migration to the CCL
• The scope and application of EAR99
• Key elements for developing classification procedures and a matrix for assessing EAR jurisdiction
• What questions to ask when classifying new and innovative technologies: Conducting market and IT functionality analysis
• What is considered “publically available”?
• The varying degrees of export control under ECCNs based on the country of end-use
• How to interpret and apply the de minimis rule to 600 Series and Other CCL Items
– core elements of the de minimis rule
– how to do a calculation under the rule
– calculations for Canadian produced hardware that is bundled with U.S.-origin software: Key methodologies
– defining “controlled” and “incorporate”
– when a U.S. company can help Canadian affiliates perform the minimis calculations
– special considerations for 600 series items:
• What to do after obtaining the ECCN: How to review the Commerce Country Chart to determine whether an export license is required
• Restrictions under ECCNs that apply to certain denied parties
• What to do if no ECCN fi ts your product, and determining whether a license is not required
• When and how to submit a CCATs