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Jurisdiction :

Commodity Jurisdiction - ITAR vs EAR:

Products and technologies are controlled for export by various U.S. Government regulatory agencies. For instance, the U.S. Department of State has export control jurisdiction over the export of defense items under the International Traffic in Arms Regulations (ITAR), while the U.S. Department of Commerce has export control jurisdiction over the export of dual use items and items which have strictly civilian or commercial uses under the Export Administration Regulations (EAR).

Determination of the relevant export control jurisdiction for exported products, data and services is a key component of any export compliance program because its sets the stage as to what U.S. exporters can and cannot do and as to whether or not U.S. exporters face any export restrictions or licensing requirements in exporting their products.

Whether by “self determination” or by submission of a Commodity Jurisdiction (CJ) request, determining the export control jurisdiction for all the products, data and services you export is a basic requirement of export compliance.

ITC Strategies assists companies in developing methodologies and procedures for determining export control jurisdiction by using both self determination methods and CJ requests to ensure that all exports are made in accordance with the correct regulations associated with the item being exported.

Self Determination:
The lion’s share of a company’s products and technologies can be analyzed using self determination methods using the relevant sections of the regulations.Companies should have procedures in place to determine the appropriate export control jurisdiction for all the products and technologies they export.

ITC Strategies has extensive experience in this area and has developed numerous processes and methodologies for companies to assist them in determining the correct jurisdiction for all the items and technologies they export. Whether it be a manual or automated process, We can help in developing the right jurisdictional analysis tool for your company.

Commodity Jurisdiction Requests:

The purpose of a commodity jurisdiction (CJ) request is to determine whether an item or service is covered by the U.S. Munitions List (USML) and therefore subject to export controls administered by the U.S. Department of State pursuant to the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR). If after reviewing the USML and other relevant parts of the ITAR you are unsure of the export jurisdiction of an item or service, you should request a CJ determination.

ITC Strategies has vast practical knowledge of preparing CJ requests – in accordance with the regulations - and in engaging the relevant U.S. government regulators during the review process. We can assist you in determining how best to prepare your CJ application to ensure the correct determinations are made for your products.