Best Practices for CCATS & CJs

October 25, 2012

Cindy HollohanSr. Manager, Empowered OfficialCorporate Trade Compliance

Commodity Jurisdiction (“CJ”) Best Practices• To determine whether an item or service is covered by the United States Munitions List (USML) or the United States Commerce Control List (CCL)

•Make every effort to determine your products jurisdiction

•Your company does not need to be Registered (under Part 122) with DDTC

•§§ 120.3 Designating & Determining USML Items

and 120.4 Commodity Jurisdiction defined

•You must be the manufacturer of the product, item or service

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Commodity Jurisdiction (“CJ”) Best Practices

•If an item was previously self-classified as ITAR controlled and a license was obtained; submit a CJ request if the item is not specific to military, space or Intelligence applications

•If an item was treated as ITAR many years agoand now appears to be “old” technology that is now in normal commercial use, submit a CJ

•Military Modification of an EAR controlled Item does not require a CJ – it’s now controlled under the ITAR

•Commercial Modification of an ITAR controlleditem, submit a CJ

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Commodity Jurisdiction (“CJ”) Best Practices

• Complete Electronic Form DS-4076• Provide clear and concise product information• What is it?

• Hardware, Software, Major or Minor Component, Part or System

• Value• Commodity Description

• Identify special or unique characteristics or capabilities

• Is its performance equivalent to a civil application

• Product origin

• Originally designed for military use?

• Commercial item adapted, configured or modified for military use?

• Military item subsequently modified for Commercial use?

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Commodity Jurisdiction (“CJ”) Best Practices

•Is the product still in development or is it currently being used?•Who funded development?•Previous Sales Information•Previous Export Information•Under the EAR, which CCL would it most likely fall under?• IMPORTANT to include – Who are your foreign competitors?

Supporting documentation can not be uploaded with the DS-4076 Electronic Form. It must be submitted by email to:

DDTCResponseTeam@state.gov

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Commodity Jurisdiction (“CJ”) Best Practices

•Recordkeeping•Recordkeeping•Recordkeeping•Recordkeeping

Very important to maintain your CJ information and your self classification information forever.

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Commodity Jurisdiction (“CJ”) Best Practices

•For up to date information and submittal instructions:• http://www.pmddtc.state.gov/commodity_jurisdiction/index.html

•Check CJ Status: (Registration with DDTC not required)• Search on the MARY (https://mary.dtas-online.pmddtc.state.gov/)

•Commodity Jurisdiction Final Determinations• http://www.pmddtc.state.gov/commodity_jurisdiction/

determination.html

•DDTC Response Team• (202) 663-1282

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Commodity Jurisdiction (“CJ”) Best Practices

•Export Control Reform (ECR)Proposed:

- Specially Designed Rule definition

- Transition Rule

- Three Singles:

- Single Control List

- Single Licensing Agency

- Single System

- Origin – no longer be prevalent(?)

- Funding – no longer be prevalent(?)

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