Advanced Classification Topics: Specially Designed and Technology/Technical Data

Export classification is not for the faint of heart. While it is true that a warm body with third grade reading level could accurately classify a fully automatic shotgun if given the USML and about five seconds*, anyone who has been in trade compliance for more than five seconds* knows that 97.8%* of the work effort in classification is not in simple cases like an automatic shotgun. It's in the gray, slippery areas of the regulations: “specially designed” classifications in both ITAR and EAR regulations and intangible controls known as technical data or technology. These types of regulations cause seasoned trade compliance folks to cringe or freeze as memories of voluntary self-disclosures and proviso violations flash back into their minds. After all, this world of regulations is where intentions and recordkeeping can be the difference between shipping with no license required and discovering new self-disclosures.

Was the pinout of that replacement cable specially designed when we called it EAR99?

Was that marketing slide really just marketing level information, or did it reveal the layout of a PCBA?

The questions that keep war weary trade compliance officers awake at night.

If you want to take the next step toward a better night’s sleep, then this webinar is for you! Join us as we unpack the topics above to help you gain a clear understanding of the following:

• Specially Designed
  • Defining “specially designed” with both ITAR and EAR in mind
  • Explanation of the “Catch and Release” mindset behind specially designed
  • In-depth analysis of every “b paragraph” that is available to release products that are caught
  • Tips for software, connectors, and even wiring that can trip specially designed
    
    
• ITAR-Controlled Technical Data
  • Analysis of the ITAR definition
  • What a typical USML paragraph is like
  • How broad this concept really is
  • The historic court case that explains the ITAR mindset
    
    
• EAR-Controlled Technology
  • Analysis of the EAR definition compared to the ITAR
  • Explanation of the different types of technology
  • Comparison of technology ECCNs and how they practically differ
  • Observations and conversational direction from BIS on their mindset

*Times and percentages are gross exaggerations and only meant to convey a feeling that hardened trade compliance personnel will feel in their soul.