USA

Importing and exporting dual-use goods into the United States requires careful attention to regulations, and compliance with relevant laws.

Dual-use goods refers to products that have both civilian and military applications. They are subject to export controls owing to their potential for misuse or contribution to weapons proliferation. To help you navigate the process, here's a general guide to importing and exporting dual-use goods into the USA:

Exporting to the USA

• Determine if your goods fall under dual-use classification. Identify whether the goods you intend to import are classified as dual-use items. Dual-use goods are typically listed in export control lists, such as the Commerce Control List (CCL). This is administered by the Bureau of Industry and Security (BIS).
• Understand the export control regulations, primarily the Export Administration Regulations (EAR). The EAR is a comprehensive set of rules that governs the export, re-export and transfer of dual-use goods. It outlines licensing requirements, restrictions and prohibitions for various controlled items and destinations.
•  Determine the appropriate Export Control Classification Number (ECCN) for your goods or obtain them from the manufacturer. The ECCN is an alphanumeric code that identifies the specific export control requirements for a given item. It is globally recognised. You can classify your goods by reviewing the Commerce Control List, or by utilising the automated Commodity Classification Automated Tracking System (CCATS). This is provided by the BIS.
• Assess licensing requirements. Determine if an export licence is required for your specific dual-use goods. Certain items may be subject to licensing based on their ECCN and destination country. The BIS provides an online tool called the Simplified Network Application Process Redesign (SNAP-R). This can assist you in submitting licence applications.
• Submit an export licence application. If your goods require an export licence, you will need to submit an application to the BIS. The application should include detailed information about the goods, the intended end-use, the recipient, and the country of destination. Allow sufficient time for processing, as licence approvals can take several weeks or more.
• It is extremely important to ensure that your import does not violate any U.S. sanctions or embargoes. The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) administers these regulations. They restrict international trade with specific countries of origin, entities, and individuals.

Check the OFAC sanctions list to confirm that your import does not involve prohibited parties or countries. The responsibility for due diligence falls on the exporter for this.

Importing to the USA

• Determine who is the Importer of Record. This must be a registered US business.
• Generally, import licences aren’t required. However, like exporting, it is important to ensure your imported goods do not originate from any countries on the USA Embargoes and Sanctions list.
• Customs declaration and documentation. When importing dual-use goods, provide accurate and detailed information on your customs declaration forms. Include the relevant ECCN, classification codes, and any applicable licences or exemptions.

Working with a skilled trade compliance organisation which specialises in import compliance (such as Mouse & Bear Solutions) will simplify the processes of imports and exports to the USA. We can assist in navigating the complex import process, ensuring proper classification, submitting necessary documentation, and coordinating with relevant agencies.

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