The Export Control Classification Number (ECCN) is a code consisting of a number, letter, and three letters that is used to determine whether goods being exported from the United States require a licence and the extent to which they can be exported. It helps the Bureau of Industry and Security (BIS) and companies determine if exports fall under the Export Administration Regulations (EAR). If an export does not fall under the CCL, it will be given the code EAR99. The ECCN is crucial for regulating the type, use, and recipient of the exported goods.
The Export Control Classification Number (ECCN) is a code utilised by the Bureau of Industry and Security (BIS) to assess whether goods intended for export outside of the United States are subject to the Export Administration Regulations (EAR). The ECCN aids both the BIS and companies in determining whether exports require a licence and the extent to which the products can be exported. The Commerce Control List (CCL) provides guidelines for determining ECCN numbers. An ECCN consists of a number indicating the item’s category, followed by a letter denoting the group, and finally three letters indicating the purpose for regulating the item (e.g., 4A001). By utilizing the ECCN number and the country chart, individuals can determine whether exports necessitate a licence based on the type, use, and recipient of the goods. If an export does not fall under the CCL, it is assigned the code EAR99. Generally, EAR99 codes indicate that no licence is required unless the product is intended for a specifically regulated entity or purpose. For instance, if a company intends to export a computer to a foreign country, they must determine the ECCN for that computer. If the ECCN is 4A003, a licence is required to export the computer to that country. However, if the ECCN is EAR99, no licence is needed unless the computer is intended for a specifically regulated entity or purpose. The ECCN encompasses ten categories, including Nuclear Materials, Facilities and Equipment, Miscellaneous Materials, Chemicals, “Microorganisms,” and Toxins, Materials Processing, Electronics, Computers, Telecommunications and Information Security, Lasers and Sensors, Navigation and Avionics, and Marine Propulsion Systems, Space Vehicles and Related Equipment. Additionally, there are five categories of the ECCN, which include Equipment, Assemblies and Components, Test, Inspection and Production Equipment, Materials, Software, and Technology. If an entity encounters difficulty in determining the correct ECCN for an export, they can submit a Commodity Classification Request to the BIS for assistance. Overall, the ECCN serves as a crucial tool for regulating exports and ensuring that sensitive goods do not end up in the wrong hands.
An Export Control Classification Number (ECCN) is a code used to classify and categorize items that are subject to export control regulations. It helps determine the level of control and licensing requirements for exporting certain goods or technologies.
To determine the ECCN for your product, you need to review the Commerce Control List (CCL) published by the Bureau of Industry and Security (BIS). The CCL provides a list of items and their corresponding ECCNs based on their technical characteristics and intended use.
The ECCN assigned to your product determines the level of export control regulations that apply. It helps identify if an export license is required, any restrictions on the destination country, and the applicable licensing policies.
Most items require an ECCN to be exported legally. However, some items may fall under the “EAR99” classification, which means they are subject to the Export Administration Regulations (EAR) but do not have a specific ECCN. These items generally have fewer export restrictions.
If your product is not listed in the CCL, you can request a Commodity Classification Request (CCR) from the BIS. They will review the technical specifications and characteristics of your product to determine the appropriate ECCN.
Exporting items without the proper ECCN or license can result in severe penalties, including fines, imprisonment, and loss of export privileges. It is essential to comply with export control regulations to avoid legal consequences.
Items classified under ECCN 99, also known as EAR99, are subject to the EAR but generally have fewer export restrictions. However, it is crucial to review the specific requirements and restrictions associated with each item to ensure compliance.
If you believe that the assigned ECCN for your product is incorrect, you can request a Commodity Jurisdiction (CJ) determination from the BIS. They will review the technical specifications and characteristics of your product to determine the appropriate ECCN.
Yes, there are certain exemptions and exceptions to ECCN requirements, such as the “de minimis” rule, which allows the export of certain items with a minimal percentage of controlled content. It is essential to consult the EAR and seek legal advice to understand the specific exemptions applicable to your situation.
Items classified under ECCN 0, also known as “EAR99-like” items, generally do not require a license for export. However, it is crucial to review the specific requirements and restrictions associated with each item to ensure compliance with export control regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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