State Department Commodity Jurisdiction and ITAR Changes this Week

State Department Commodity Jurisdiction and ITAR changes this week

Tuesday – ITAR Amendments

On Tuesday, November 15, 2016, ITAR amendments published in August will go into effect (81 FR 54732).

Among these amendments, § 120.5 will be revised to clarify that ITAR exemptions can only be used for items subject to the EAR when they are in the same shipment as a defense article.  EAR-controlled items continue to be subject to the EAR, even if shipped under a Department of State license or ITAR exemption.

The Destination Control Statement (DCS) at § 123.9 will also be revised to harmonize the text with the EAR’s DCS at § 758.6.  The DCS must be included as “an integral part of the commercial invoice.”

Additional amendments will be effective December 31, 2016 and the Department of State continues to anticipate separate rulemaking for proposed rules issued during the Export Control Reform process that are not yet final.

Wednesday – CJ Form

The Department of State will no longer accept DS-4076 Commodity Jurisdiction (CJ) requests through the Electronic Form Submission (EFS) application effective Wednesday, November 16, 2016 at 5pm EST.

Starting Monday, November 21, 2016 at 8am EST, CJ requests will be accepted through the Defense Export Control and Compliance System (DECCS).

DECCS submissions are through an interactive, browser-based form.  The status of CJ applications will continue to be tracked through the Department of Defense’s ELISA system.

The Department of State continues to work on new forms for voluntary disclosures, registration changes, and a single license application.

(None of the information is intended to be authoritative official or professional legal advice. Consult your own legal counsel or compliance specialists before taking actions based upon this blog or other unofficial sources.)