Bureau Of Industry And Security
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- Export Licensing: Tips U.S. Exporters Shouldn’t Overlook Maritime Reporter, Jun 2019 #12
Export Control Lists Include Key Marine Tech Categories
Each year, the U.S. Department of Commerce receives thousands of inquiries from businesses looking to export, many of which involve licensing questions. The Commerce Department’s Bureau of Industry and Security (BIS), together with other USG agencies, is responsible for export licensing and controls. BIS export licenses may be required for items (commodities, software, or technology) with proliferation, military, or terrorist uses, or which warrant control for other reasons. Export licensing requirements can apply to a wide array of products, including marine technologies. A license may also be required because of the end use or end user. Items not licensed by BIS may still require a license from other agencies, including the State Department for defense articles and services subject to the International Traffic in Arms Regulations which are listed on the United States Munitions List (USML). When it comes to determining whether your export might need a license, there are a few sometimes overlooked aspects that U.S. businesses should be aware of before they export. After reading, go to our video web page to find out more about export licensing.
• Don't make any assumptions. For example, just because you are exporting a small amount of a commodity, sending it to a friendly country or e-mailing software doesn’t mean you shouldn’t check to see if an export license is needed. Screen all the parties to your transaction.
• Review the control lists carefully. The USML and the BIS-administered Commerce Control List (CCL) include not only complete systems and key parts and components, but also raw materials, production equipment, and other related items. For marine technology exporters, key entries can be found in USML categories VI (surface vessels of war), XI (underwater electronics and acoustic systems), XII (optical and inertial sensors) and XX (submersible vessels); and CCL categories 5 (telecommunications), 6 (acoustic sensors), 7 (inertial sensors and navigation), and 8 (marine).
• Different levels of technology can affect where you can export. The level of a product’s technology and market destination can be important factors as to whether an export license might be needed. For example, BIS authorized one U.S. exporter of high-end infrared technology to sell a certain level of its technology to Country A, but denied the company’s request for a license to export the same level of technology to Country B. The company received authorization to export a less technologically sophisticated product to Country B instead.
• Be aware of “deemed” export licensing requirements. Transferring technology to a foreign person in the United States is just like exporting to a foreign country. If an export license is required to export that technology to a specific country, a license requirement will also apply to transfer the technology to a citizen of that country while that person is in the United States. Persons with U.S. permanent residence, and persons granted status as "protected individuals" are exempt from the “deemed” export rules.
• Don’t forget about re-exports. For U.S.-origin items, U.S. export regulations extend beyond the initial export out of the United States. A re-export of a U.S.-origin item from one foreign destination to another, including use aboard a vessel in multiple territorial waters, can also trigger a license requirement. Such scenarios can be built into an export license, so when applying for export licenses, remember to keep the larger picture in mind, rather than only the initial export.
• Protect your items against transfer and transshipment. Foreign buyers are not allowed to resell a controlled item without prior authorization, so protect your company by filling out the destination control statement on your commercial invoice. This legal statement signifies the exports are destined to the end-user indicated in all the shipping documents, and cannot be transferred or transshipped by the foreign buyer without permission from the U.S. government agency with jurisdiction over the licensed item. If you find out that the item has been resold, you should report that fact to the U.S. Government agency with jurisdiction over the item.
• Be aware of criteria for transactions agreed upon under the Incoterm “Ex Works.” Under Ex Works, the foreign buyer only becomes responsible for determining licensing requirements and obtaining any required licenses when a specific writing has been obtained first by the U.S. seller from the foreign buyer stating they (the foreign buyer) assume this responsibility. Simply stating the sale is being completed under “Ex Works” does not comply with this requirement. See Section 758.3(b) of the Export Administration Regulations for more details on this requirement.• Remember that help is available. BIS has counseling desks, located in Washington, DC and California, which are staffed Monday through Friday during business hours by BIS personnel. The Desks’ contact information is as follows:
o Washington, DC: (202) 482-4811
o Irvine, CA: (949) 660-0144
o Santa Clara, CA: (408) 998-8806
You can also email your question: [email protected]
Does your U.S. product or service require an export license? Learn more about the export licensing process by viewing our export regulations video and web page which links to the Bureau of Industry and Security, U.S. Commercial Service worldwide network of export assistance, and other key resources. -
- U.S. Export Reform: New Year, New Rules Maritime Reporter, Dec 2013 #18
the ITAR) as well as conforming revisions to the applicable CCL categories (published by the U.S. Department of Commerce, which, through its Bureau of Industry and Security (BIS), implements the EAR). In addition, the final rules typically contain new definitions, and these may have a broader application
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March 2024 - Marine Technology Reporter page: 48Index page MTR MarApr2024:MTR Layouts 4/4/2024 3:19 PM Page 1 Advertiser Index PageCompany Website Phone# 17 . . . . .Airmar Technology Corporation . . . . . . . . . .www.airmar.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(603) 673-9570 9 . . . . . .Birns, Inc. . . . . . . . . . .
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March 2024 - Marine Technology Reporter page: 47PRODUCT, PROFESSIONAL, VESSELS, MTR BARGES & REAL ESTATE FOR SALE Marketplace INNOVATIVE. UNIQUE. PROVEN. ALLAMERICANMARINE.com ???????????????????????????????????????? 9??????????SiC A????????ArC????????????????S???????C?????????9???Ç????????? ????????????????Ý???????S???y???????????????????K???:???? MAR
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March 2024 - Marine Technology Reporter page: 33regulated industry in the world.” How- ever, commercial success depends on many factors, not least a predictable OPEX. Over the past four years, SMD has worked with Oil States Industries to calculate cost per tonne ? gures for prospective customers. Patania II uses jet water pumps to Oil States’
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March 2024 - Marine Technology Reporter page: 21Connect with colleagues around the world by joining the industry’s largest Linkedin Group. 218,774 members http://www.linkedin.com/group/44626 MTR #3 (18-33).indd 21 4/4/2024 3:37:21 PM
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March 2024 - Marine Technology Reporter page: 16TECH FEATURE IMR Image courtesy FORCE Technology OPTIMIZING CATHODIC PROTECTION SURVEY USING NON-CONTACT SENSORS By Svenn Magen Wigen, FORCE Technology he principle behind sacri? cial anodes, which are water structures, reducing the need for frequent repairs and used to safeguard underwater pipelines
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March 2024 - Marine Technology Reporter page: 15sensor options for longer mission periods. About the Author For glider users working in ? sheries and conservation, Shea Quinn is the Product Line Manager the Sentinel can run several high-energy passive and active of the Slocum Glider at Teledyne Webb acoustic sensors, on-board processing, and imaging
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March 2024 - Marine Technology Reporter page: 14TECH FEATURE TELEDYNE SLOCUM GLIDERS to hold over 3.5 times as many lithium primary batteries as the the water column and its thrusters give it the ability to stay standard Slocum Glider, and to physically accommodate up to on track in strong currents or other dif? cult ocean condi- 8 different sensor
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March 2024 - Marine Technology Reporter page: 11assist in identifying mines and act as a neutralization device. About the Author Bottom mines pose even greater chal- David R. Strachan is a defense analyst and founder of lenges. Unlike contact mines, bottom Strikepod Systems, a research and strategic advisory mines utilize a range of sensors to
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March 2024 - Marine Technology Reporter page: 6MTR Editorial Advisors Gallaudet Hardy The Honorable Tim Gallaudet, Kevin Hardy is President PhD, Rear Admiral, U.S. of Global Ocean Design, Navy (ret) is the CEO of creating components and Ocean STL Consulting and subsystems for unmanned host of The American Blue vehicles, following a career
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April 2024 - Maritime Reporter and Engineering News page: 48Index page MR Apr2024:MN INDEX PAGE 4/5/2024 1:33 PM Page 1 ANCHORS & CHAINS MILITARY SONAR SYSTEMS tel:+44 (0) 1752 723330, [email protected] , www.siliconsensing.com Anchor Marine & Supply, INC., 6545 Lindbergh Houston, Massa Products Corporation, 280 Lincoln Street, SONAR TRANSDUCERS
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April 2024 - Maritime Reporter and Engineering News page: 46MARKETPLACE Professional www.MaritimeProfessional.com GILBERT ASSOCIATES, INC.GILBERT ASSOCIATES, INC. Naval Architects and Marine Engineers SHIP DESIGN & ENGINEERING SERVICES Join the industry’s #1 Linkedin group )NNOVATION
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April 2024 - Maritime Reporter and Engineering News page: 43“The industry is an ecosystem which includes owners, managers, mariners, shipyards, equipment makers, designers, research institutes and class societies: all of them are crucial,” – Eero Lehtovaara, Head of Regulatory & Public Affairs, ABB Marine & Ports All images courtesy ABB Marine and Ports provi
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April 2024 - Maritime Reporter and Engineering News page: 42OPINION: The Final Word Seeing the Ship as a System Shipping must engage with the decarbonization realities that lie ahead by changing the way it crafts maritime legislation to re? ect its place in the interconnected, interdependent world economy, said Eero Lehtovaara, ABB Marine & Ports. ABB Marine &
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April 2024 - Maritime Reporter and Engineering News page: 41Nautel provides innovative, industry-leading solutions speci? cally designed for use in harsh maritime environments: • GMDSS/NAVTEX/NAVDAT coastal surveillance and transmission systems • Offshore NDB non-directional radio beacon systems for oil platform, support vessel & wind farm applications
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April 2024 - Maritime Reporter and Engineering News page: 40TECH FEATURE SITUATIONAL AWARENESS SITUATIONAL AWARENESS SYSTEM BATTLES COGNITIVE FATIGUE IN WATCHKEEPERS All images courtesy Groke Technologies Today’s evolving maritime security risks pose all-too-familiar threats to international shipping, and as just one of the many causes of fatigue, they add
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April 2024 - Maritime Reporter and Engineering News page: 39Tech Files Latest Products, Systems and Ship Designs “Wall Climbing Robot” Danish Pilot calls gets ClassNK Nod LEGO Model "A tribute build to a work life at sea" Image courtesy MOL, Sumitomo Heavy Industries lassNK granted its Innovation Endorse- Image courtesy Espen Andersen/DanPilot ment for
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April 2024 - Maritime Reporter and Engineering News page: 37SIMULATION "A simulated vessel ? ooding can help teams work together to solve the challenge using different systems on the bridge." – Jussi Siltanen, Lead, "The gami? cation of Product Marketing, learning makes it fun." Safety Solutions at NAPA – Captain Pradeep Chawla, Founder, MarinePALS Image
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April 2024 - Maritime Reporter and Engineering News page: 35SIMULATION e have a close relationship with tech- Realism is prized beyond immersive, photo-realistic visu- nology, evidenced by, for example, als, and providers are introducing increasingly accurate func- the phones we are estimated to un- tionality. FORCE Technology’s upcoming DEN-Mark2 math- lock around
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April 2024 - Maritime Reporter and Engineering News page: 34FEATURE Image courtesy Kongsberg Digital Simulators Track our Changing Relationship with Technology Simulation-based training has its whole-of-ship/ whole-of-team scenarios, but zooming in, the industry is now working on more speci? c targets. By Wendy Laursen Image above: Kongsberg Digital has integrated
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April 2024 - Maritime Reporter and Engineering News page: 33CRANES & OFFSHORE WIND HLP is developing a crane that will enable tower HLP is developing a crane that will enable pieces to be stacked components such as towers to be stacked in multiple layers on vertically in marshalling areas. installation vessels. HLP is developing a ring crane capable of 6
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April 2024 - Maritime Reporter and Engineering News page: 32FEATURE A closeup of a blade installation process taken via drone. A blade handling system is apparent (in yellow). Images courtesy of Mammoet requirement for the development of these cranes, particularly ling area. This would result in a major time and fuel saving. in ? oating offshore wind,” says
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April 2024 - Maritime Reporter and Engineering News page: 31CRANES & OFFSHORE WIND Cadeler’s new NG-20000X class vessels will have 2,600t cranes, and its new NG-20000F class vessel will have a 3,200t crane. Similar new vessels for Havfram will have a crane of approximately 3,200t, as will Van Oord’s KNUD E. HAN- SEN-designed newbuilding currently being built in
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April 2024 - Maritime Reporter and Engineering News page: 27RADM PHILIP SOBECK, MILITARY SEALIFT COMMAND With COVID, we had to make some hard choices for our Do your CIVMARs have upward mobility? mariners because we couldn’t rotate. Many of our mariners The Navy has Sailors who become “Mustangs,” and work found other employment, and were able to use their skills
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April 2024 - Maritime Reporter and Engineering News page: 25RADM PHILIP SOBECK, MILITARY SEALIFT COMMAND Photo by Brian Suriani USN Military Sealift Command From a global supply chain perspective, What makes MSC so vital to the we’ve learned a lot about dealing with Navy’s ? eet and our military disruptions. COVID delivered a big forces around the world? wake-up