Acronyms. * Commerce Control List (EAR) reason for control. Acronym. Meaning ABI. Automated Broker Interface ACE. Automated Commercial Environment

Transcription

1 Acronyms * Commerce Control List (EAR) reason for control Acronym Meaning A ABI Automated Broker Interface ACE Automated Commercial Environment 1 / 55

2 ACH Automated Clearing House ACS Automated Commercial System AECA Arms Export Control Act AES Automated Export System AGR American Goods Returned AMS 2 / 55

3 Automated Manifest System AT Anti-terrorism * B BATFE Bureau of Alcohol, Tobacco, Firearms and Explosives BEET Business Executives Enforcement Team BIS 3 / 55

4 Bureau of Industry and Security C CB Chemical & Biological Weapons * CBP Customs and Border Protection CC Crime Control * CCL Commerce Control List 4 / 55

5 CFR Code of Federal Regulations CIS Container Security Initiative CIT Court of International Trade CJ Commodity Jurisdiction CO Certificate of Origin 5 / 55

6 CTPAT Customs Trade Partnership Against Terrorism CW Chemical Weapons * D DEA Drug Enforcement Administration DFAS Defense Financial Agency Services 6 / 55

7 DHS Department of Homeland Security DOC Department of Commerce DOD Department of Defense DOE Department of Energy DOJ Department of Justice DOS 7 / 55

8 Department of State DDTC Directorate for Defense Trade Controls DTRA Defense Threat Reduction Agency E EAA Export Administration Act EAR 8 / 55

9 Export Administration Regulations ECASS Export Control Automated Support System ECCN Export Commodity Classification Number EE Export Enforcement EEI Electronic Export Information EI Encryption Items * 9 / 55

10 EIN Employer Identification Number EMS Export Management System EPCI Enhanced Proliferation Controls Initiative F FAST Free and Secure Trade 10 / 55

11 FC Firearms Convention * FCPA Foreign Corrupt Practices Act FTSR Foreign Trade Statistics Regulations FWS U. S. Fish and Wildlife Service H 11 / 55

12 HTS Harmonized Tariff Schedule HPC High Performance Computers HWA Hold Without Action I ICE Immigration Customs Enforcement IEEPA 12 / 55

13 International Emergency Economic Powers Act ITC International Trade Commission ITAR International Traffic in Arms Regulations M MT Missile Technology * MTCR 13 / 55

14 Missile Technology Control Regime N NDAA National Defense Authorization Act of 1998 NLR No License Required NP Nuclear Proliferation * NRC Nuclear Regulatory Commission 14 / 55

15 NS National Security * O ODTC Directorate of Defense Trade Controls OEE Office of Export Enforcement OFAC Office of Foreign Assets Controls 15 / 55

16 P PECSEA President s Export Council Subcommittee on Export Administration PECSENC President s Export Council Subcommittee on Encryption POA Power of Attorney PRA Permanent Resident Alien 16 / 55

17 R RAG Returned American Goods R & D Research and Development RS Regional Stability * RWA Return Without Action S 17 / 55

18 SCL Special Comprehensive License SED Shipper s Export Declaration SDL State Department License SDN Specially Designated National SDT 18 / 55

19 Specially Designated Terrorist SIA Society for International Affairs SI Significant Items * SLI Shipper s Letter of Instruction SNAP Simplified Network Application Process SS Short Supply * 19 / 55

20 STELA System for Tracking Export License Applications T TAC Technical Advisory Committees TIB Temporary Import Bond TWEA Trading With The Enemy Act 20 / 55

21 U USASAC United States Army Security Assistance Command USC United States Code USG United States Government USML United States Munitions List 21 / 55

22 USMIL United States Munitions Import List W WMD Weapons of Mass Destruction X XP High Performance Computer * * Commerce Control List reason for control 22 / 55

23 Glossary of Terms Term Meaning A American Goods Returned An import status placed upon United States origin goods that previously exported and are now being r Arms Export Control Act of 1976 Authorizes the President to control the export and import of defense articles and defense services. 23 / 55

24 Automated Broker Interface The Automated Broker Interface (ABI) is a component of the U.S. Customs Service's Automated Com Automated Clearing House Automated Clearinghouse (ACH) is an electronic payment option that allows participants to pay custo Automated Commercial Environment The ACE will replace the current paper dependent and transaction oriented import system, the Autom Automated Commercial System cf Automated Commercial Environment Automated Export System ( AES ) AES is a nationwide system operational at all ports and for all methods of transportation through which 24 / 55

25 Automated Manifest System The Automated Manifest System is a multi-modular cargo inventory control and release notification sy B Blocking Also called freezing, this is a form of controlling assets under U.S. jurisdiction. While title to blocked Boycotts A form of restrictive trade practice prohibited under Part 760 of the EAR. This may be an action taken by one country (boycotting country) against another country which is friend Business Executives Enforcement Team 25 / 55

26 Town-hall meetings hosted by Export Enforcement to provide opportunities for government officials and Bureau of Alcohol, Tobacco, Firearms and Explosives ( BATFE ) Department of Justice (Former Treasury Department) unit permanent responsible importations for the Bureau of Industry and Security ( BIS ) Commerce Department unit responsible for controlling US exports and certain reexports from abroad o C 26 / 55

27 Certificate of Origin This can be either a certificate, commonly certified by an independent, recognized body such as the C Civil End-User A non-military end-user or end-use. Government end-users could be either civilian or military. Classified Requiring a security level clearance by the FBI, Defense Security Service or other federal agency. Code of Federal Regulations ( CFR ) Compilation of all published United States federal government laws. Commerce Control List ( CCL ) 27 / 55

28 Supplement No. 1 to Part 774 of 15 CFR, The Export Administration A list of items Regulations. under the export control jurisd Commodity Jurisdiction A procedure to determine whether a product or service is subject to the licensing authority (jurisdiction Congressional Notification A requirement placed upon the DTC by the Congress for certain ITAR shipments. Container Security Initiative CSI is a program intended to help increase security for containerized Through CSI, cargo which shipped was announced to the United by Comm Stat Country Charts (EAR) These tables of countries and reasons for controls work in conjunction with the Commerce Control Lis Country Groups (EAR) 28 / 55

29 Countries have been arranged in groups based upon degree of risk for ease of reference. They range Court of International Trade Congress, with the Customs Courts Act of 1980, equipped the federal judicial system to deal effectively Customs Trade Partnership Against Terrorism In order to develop, enhance, and maintain effective security The processes C-TPAT program throughout is voluntary the global and supply designc Cryptography (Information security or encryption) The discipline that embodies principles, means and methods for the transformation of data in order to hide its information content, prevent its undetected modification or p "Cryptography" is limited to the transformation of information using one or more "secret parameters" (e Customs and Border Protection 29 / 55

30 Department of Homeland Security (Former Treasury Department) unit responsible for the enforcement D Defense Article Any item or technical data that is listed in the U.S. Munitions List. These items are designed, develop Defense Financial Agency Services (DFAS) An agency of the DOD. The agency that handles payments under the Foreign Military Sales program. Defense Threat Reduction Agency An agency of the DOD. It is responsible for the development and implementation of policies on interna De Minimis 30 / 55

31 Latin for of minimum importance. Within the context of this manual, this phrase refers to the provisio Department of Commerce Cabinet-level Department focused on promoting and advocating for American business, both at home a Department of Defense Cabinet-level Department focusing on the country s military effort. Department of Energy The priorities of the Department's energy program are to: increase domestic energy production, revolu 31 / 55

32 Department of Homeland Security One primary reason for the establishment of the Department of Homeland Security was to provide the Department of Justice The Department represents the citizens of the United States in enforcing the law in the public interest Department of State As the lead U.S. foreign affairs agency, the Department of State helps to shape a freer, more secure Directorate of Defense Trade Controls State Department unit responsible for controlling US exports, re-exports and retransfers from abroad a 32 / 55

33 Drug Enforcement Administration A unit of the Department of Justice with the responsibility for assuring the uninhibited flow of legitimate Dual-Use Items that are designed for civilian commercial purposes but without may also modification. be used in military applications E EAR 99 The CCL number for those items (commodities, software and technical data) subject to the EAR that a Electronic Export Information 33 / 55

34 The various data elements submitted electronically via the Automated Export System normally prior to Embargo Authoritative stoppage of all commerce or trade without an export license. Export a) Sending or taking a defense or dual-use article out of the U. S. in any manner, except by mere trav b) Disclosing (including oral or visual disclosure) or transferring in the U. S. any defense article to an e c) Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whe Performing a defense service on behalf of, or for the benefit of a foreign person whether in the U. S or d) Export means an actual shipment or transmission of items out of the United States. (See EAR 734. Export Control Automated Support System An information database management system designed to support the BIS export licensing and enfor 34 / 55

35 Employer Identification Number A tax identification number assigned by the IRS. Enhanced Proliferation Control Initiative Signed under Executive Order in 1990, this foreign policy control requires an exporter to apply Export Control Classification Number (ECCN) The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export C ECCN s composition. Export Administration Act of 1979 Authorizes the President to regulate U.S. exports of most dual-use commodities in consultation with th 35 / 55

36 Export Administration Regulations Regulations (CFR 15 Parts ) a dministered by the Bureau of Industry and S Subject to the EAR Items, regardless of their origin, that are in the United States are subject to the EAR unless they are s Export Enforcement A principal operating unit of the BIS. It is responsible for the enforcement of export controls on dual u Export Management System An optional program developed by the BIS to assist companies in complying with the EAR. This manua Encryption See Cryptography Exemption 36 / 55

37 An ITAR (military) authorization that allows you to export or reexport, under stated conditions, items su Export Sending or taking commodities, software or technical data out of the United States in any manner, ex Transferring registration, control or ownership to a foreign person of any aircraft, vessel or satellite cov Disclosing, by any means, or transferring in the United States any controlled item under the USML Disclosing, by any means, or transferring technical data to a foreign person whether in the United State Exporter According to the EAR, the person in the United States who has the authority of a principal party in inte F 37 / 55

38 Fish & Wildlife Service Regulates the import and export of plants and wildlife protected by international treaties or domestic s Foreign Person Any natural person who is not a lawful permanent resident or refugee or other protected individual of t Foreign Corrupt Practices Act In 1977, Congress passed the Act to address what was perceived as open and flagrant participation in Foreign Military Sales Program, ( FMS ) The Foreign Military Sales (FMS) program is the U.S. government program for selling, leasing or loan Foreign Trade Division, Census Bureau ( Census ) Commerce Department unit responsible for gathering, compiling and reporting on US exports and imp 38 / 55

39 Foreign Trade Statistical Regulations ( FTSR ) These regulations provide guidance on the proper filing of the AES record or the proper completion of Forwarding agent. (EAR definition) The person in the United States who is authorized by a principal party in interest to perform the servic Free and Secure Trade This program allows U.S./Canada and U.S./Mexico partnering importers expedited release for qualifyi H Harmonized Tariff Schedule Numbers 39 / 55

40 ( HTS ) Still the only acceptable form of product classification for imported products, this number, similar in ap High Performance Computers Computers with a processing capability of greater than 2000 Million Theoretical Operations per Second Hold Without Action A BIS license application status whereby the review process has been stopped. Generally attributable I Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement (ICE), the largest The Bureau investigative of Immigration arm of the and Department Customs En of Intermediate consignee. 40 / 55

41 The person that acts as an agent for a principal party in interest for the purpose of effecting delivery o The International Emergency Economic Powers Act Authorizes the President to deal with any unusual and extraordinary threat to the national security, for International Trade Commission An independent federal agency responsible for determining import injury to U.S. industries in antidumpi The International Traffic in Arms Regulations, ( ITAR ) 22 Code of Federal Regulations (Parts ). Regulations dealing with the permanent and tempo K 41 / 55

42 Knowledge. (Applies mostly to EAR commercial or dual-use goods.) Knowledge of a circumstance (the term may be a variant, such as "know," "reason to know," or "reaso L Letter of Offer and Acceptance ( LOA ) Authorization document issued by the U.S. Department of Defense to a foreign government or interna License A document bearing the word license issued by the government agency that has jurisdiction over the c License Exception. An authorization described in part 740 of the EAR that allows you to export or reexport, under stated conditions, items subject to the EAR that otherwise would require a license. Un 42 / 55

43 M Mass Market Software Software that is generally available to the public by: v Being sold at retail selling points, or directly o Over the counter transactions, o Mail order transactions, o Telephone transactions, or o Electronic mail order transactions, v Designed for installation by the user without Missile Technology Control Regime ( MTCR ) 43 / 55

44 The United States and other nations in this multilateral control regime have agreed to guidelines for r N NATO North Atlantic Treaty Organization (members: Belgium, Canada, Czech Republic, Denmark, France, G National Defense Authorization Act of 1998 A provision of this statute requires advance notification of certain exports and reexports of HPC to cer No License Required ( NLR ) A licensing authority which allows for the export from the United States, without a BIS issued license or 44 / 55

45 Nuclear Regulatory Commission Five Commissioners appointed by the President head the NRC. The Commission as a collegial body O Office of Export Enforcement ( OEE ) (See also EE ) This is the enforcement unit if the Bureau of Industry and Security that investigates po Office of Foreign Assets Control ( OFAC ) Treasury Department unit responsible for the controlling, within United States jurisdictions, of financial P 45 / 55

46 Permanent Resident Alien An alien admitted to the United States as a lawful permanent resident. Permanent residents are als Person Subject to the Jurisdiction of the United States (OFAC) Includes American citizens and permanent resident aliens wherever they are located; individuals and Port of export. The port where the cargo to be shipped abroad is laden aboard the exporting carrier. Power of Attorney This authorization, required for both exports and imports, authorizes another entity to be able to act as Principal Parties in Interest. 46 / 55

47 Those persons in a transaction that receive the primary benefit, monetary or otherwise, of the transac Prohibited Conduct (EAR) No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any co Prohibited Parties List A database comprising four separate lists of prohibited parties. DHL Danzas Air & Ocean cannot acce List Reference Published by The Denied Persons List Bureau of Industry and Security The Entity List Bureau of Industry and Security Unverified List Bureau of Industry and Security The Debarred Party List Directorate of Defense Trade Controls Specially Designated Nationals Office of Foreign Assets Control 47 / 55

48 Public Domain Information that is published and generally available to the public. R Retransfer The transfer of defense articles to and end-use, end-user or destination not previously authorized. Return Without Action A BIS license application status whereby the review process has been stopped and the application ret Returned American Goods Same as American Goods Returned. Routed Export Transaction. 48 / 55

49 A transaction where the foreign principal party in interest authorizes a U.S. forwarding or other agent to S Schedule B numbers. The commodity numbers appearing in the current edition of the Bureau of the Census publication, Sch (See part 758 of the EAR for information on use of Schedule B numbers.) Shipper s Export Declaration A document of the U. S. Census Bureau that is still required for certain exports out of the United States Shipper s Letter of Instruction A multi-purpose document completed by an exporter and provided to the transport or other agent that p 49 / 55

50 Shipping Activity A term used primarily with Foreign Military Sales Program shipments. It is used to represent a shipping Significant Military Equipment ( SME ) Articles for which special export controls are warranted. An asterisk preceding an item in the USML d Simplified Network Application Process The electronic method for applying for BIS licenses. Society for International Affairs Provides educational materials and seminars on State Department Licensing. Software A collection of one or more programs or microprograms fixed in any tangible medium of expression. Special Comprehensive License 50 / 55

51 (LOGIS AES license code C31) A BIS export license covering multiple transactions of pre-approved t Specially Designated National Individuals and entities which are owned or controlled by, or acting for or on behalf of, the Governmen Specially Designated Terrorist A status assigned by OFAC to individuals or entities that are targeted by the U. S. as terrorist supporti Subject to the EAR Items, regardless of their origin, that are in the United States are subject to the EAR unless they are s T Technical Advisory Committees 51 / 55

52 Created under the EAA, these committees of government and industry representatives assist with the Technical Data (Technology) Information, other than software, which is required Temporary Import (ITAR relevant) - Bringing into the United States from a foreign country any article, software or technical data th - Any article, software or technical data that is in transit to another foreign destination - Withdrawal of any article, software or technical data from a Customs and Border Protection bo Temporary Import Bond TIB stands for Temporary Importation under Bond and is a procedure whereby, under certain condition Tools of Trade Usual and reasonable kinds and quantities of commodities and software, and their containers, that are 52 / 55

53 Trading With The Enemy Act of 1917 Authorizes the President to regulate or prohibit transfers or foreign exchanges, financial credits or pay Transportation Control Number (TCN) This reference is used in FMS shipments and is provided to the forwarder on one of the different DOD Transaction Value The price paid or payable by the buyer to the seller. Ultimate Consignee. The principal party in interest located abroad who receives the exported or re-exported items. The ulti Unclassified Not subject to U. S Government security level clearance. 53 / 55

54 United States Code U.S. Munitions List ( USML ) Part 121 of 22 CFR, The International Traffic in Arms Regulations. The USML designates items that a U.S. Munitions Import List ( USMIL ) The USMIL designates items that are subject to the jurisdiction of the Treasury Department s Bureau o V Violations (ITAR) 54 / 55

55 It is unlawful to export, attempt or conspire to export, from the U. S. any defense article or technical da W Weapons of Mass Destruction Primarily considered to be Nuclear, Chemical or Biological or Missile weapons. 55 / 55