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Shipping & Receiving Definitions

ACE - Automated Commercial Environment, is a nationwide system operational at all ports and for all methods of transportation through which export shipment data required by multiple agencies is filed electronically to Customs, using the efficiencies of Electronic Data Interchange (EDI). , so that export information is collected electronically and edited immediately. 

Bill of Lading - The contract of carriage and receipt for items, issued by a carrier It includes an air waybill, but does not include domestic air waybill

CCL - The Commerce Control List (CCL) is divided into 10 categories. Each category is subdivided into five groups, designated by the letters A through E: (A) Equipment, assemblies and components; (B) Test, inspection and production equipment; (C) Materials; (D) Software; and (E) Technology. See 15 CFR §738.2(b). The CCL is a list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. The CCL is found in Supplement No. 1 to part 774 of the EAR (15 CFR).

Country Chart - A chart, found in Supplement No. 1 to part 738 of the EAR (15 CFR), that contains certain licensing requirements based on destination and reason for control. In combination with the CCL, the Country Chart indicates when a license is required for any item on the CCL to any country in the world. See part 736 of the EAR (15 CFR).

Deemed Export - Deemed Export means the release or disclosure of technical information (including software) to a Foreign Person, whether within or outside the United States.

Directorate of Defense Trade Controls (DDTC) - The office at the Department of State, responsible for reviewing applications to export and re-export items on the U.S. Munitions List. (22 CFR parts 120 through 130)

Dual use - Items that have both commercial and military or proliferation applications.

EAR - The Export Administration Regulations are promulgated and enforced by the Bureau of Industry and Security (BIS), which is part of the Department of Commerce. The EAR Regulations are set forth in parts 730-774, inclusive, of Title 15 of the Code of Federal Regulations.

Effective control - You maintain effective control over an item when you either retain physical possession of the item, or secure the item in such an environment as a hotel safe, a bonded warehouse, or a locked or guarded exhibition facility. Retention of effective control over an item is a condition of certain temporary exports and re-exports.

Export - An Export is the transfer, shipment or release of certain equipment, technology, software, services, knowledge and information directly or indirectly to a Foreign Person.

Export Control Classification Number (ECCN) - The numbers used in Supplement No. 1 to part 774 of the EAR (15 CFR). The Export Control Classification Number consists of a set of digits and a letter. Reference 15 CFR §738.2(c) for a complete description of each ECCN’s composition.

Export control document - A license; application for license; any and all documents submitted in accordance with the requirements of the EAR in support of, or in relation to, a license application. Includes, Commercial Invoice, Pro Forma Invoice, Shipper's Export Declaration (SED) or Automated Export System (AES) record, a Dock Receipt or Bill of Lading, and any and all documents prepared and submitted by exporters and agents.

Exporter - The person in the United States who has the authority of a principal party in interest to determine and control the sending of items out of the United States. Note that the Foreign Trade Statistics Regulations have a different definition for the term “exporter.” Under the FTSR, the “exporter” is the U.S. principal party in interest (see Foreign Trade Statistics Regulations 15 CFR part 30).

Foreign Person - Foreign Person means any person who is not a permanent resident (permanent residents include U.S. citizens and green card holders). Foreign employees, students and visitors who are in the United States on nonpermanent resident status are considered Foreign Persons. Foreign Person also means any business entity that is not organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments.

Forwarding agent - The person in the United States who is authorized by a principal party in interest to perform the services required to facilitate the export of the items from the United States. This may include air couriers or carriers.

Fundamental Research - Fundamental Research means basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls . Information generated during and resulting from Fundamental Research is not be subject to export restrictions to Foreign Persons.

General prohibitions - The 10 prohibitions found in part 736 of 15 CFR that prohibit certain exports, re-exports, and other conduct, subject to the EAR, absent a license, License Exception, or determination that no license is required (“NLR”).

ITAR - The International Traffic in Arms Regulations (ITAR) are promulgated and enforced by the Department of State
(Directorate of Defense Trade Controls).

Military commodity - Military commodity or military commodities means an article, material or supply except software or technology that is described on the United States Munitions List (22 CFR Part 121)

MTCR - Missile Technology Control Regime (22 CFR 121.16). The United States and other nations in this multilateral control regime have agreed to guidelines for restricting the export and re-export of dual-use items that may contribute to the development of missiles.

OFAC - Office of Foreign Assets Control. The office at the Department of the Treasury responsible for blocking assets of foreign countries subject to economic sanctions, controlling participation by U.S. persons, including foreign subsidiaries, in transactions with specific countries or nationals of such countries, and administering embargoes on certain countries or areas of countries. (see 31 CFR parts 500 through 590.)

Principal Parties in Interest - Those persons in a transaction that receive the primary benefit, monetary or otherwise, of the transaction. Generally, the principals in a transaction are the seller and the buyer. In most cases, the forwarding or other agent is not a principal party in interest.

Publicly available information - Information that is generally accessible to the interested public in any form and, therefore, not subject to the EAR (see part 732 of the EAR).

Publicly available technology and software - Technology and software that are already published or will be published; arise during, or result from fundamental research; are educational; or are included in certain patent applications (see 15 CFR §734.3(b)(3)).

Reasons for Control - Reasons for Control are:
Anti-Terrorism (AT), Chemical & Biological Weapons (CB), Crime Control (CC), High Performance Computer (XP), Missile Technology (MT), National Security (NS), Nuclear Nonproliferation (NP), Regional Stability (RS), Short Supply (SS), and United Nations sanctions (UN). Items controlled within a particular ECCN may be controlled for more than one reason.

Routed export transaction - A transaction where the foreign principal party in interest authorizes a U.S. forwarding or other agent to facilitate export of items from the United States. UCAR does not participate in any routed transactions.

Schedule B numbers - The commodity numbers appearing in the current edition of the Bureau of the Census publication, Schedule B Statistical Classification of Domestic and Foreign Commodities Exported from the United States.

Technology - Specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of “technical data” or “technical assistance” (instruction, skills training, working knowledge, consulting services).

Transfer - A shipment, transmission, or release to any person of items subject to the EAR either within the United States or outside the United States. In-country transfer / transfer (in-country). The shipment, transmission, or release of items subject to the EAR from one person to another person that occurs outside the United States within a single foreign country.

Last updated by slaven on October 4, 2017 - 9:51am.
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