A new and improved version of The Searchable CCL® is now available. This new version is up to date as of June 19, 2015 and includes revisions based on the December 2014 Wassenaar Arrangement Plenary Meeting as well as the Australia Group (AG) November 2013 Intersessional Decisions. Enjoy!

Wassenaar changes to the CCL and Part 772 include:

  • Revising 42 Export Control Classification Numbers (ECCNs), adding one ECCN and removing one ECCN
  • Adding 7 definitions and revising 6 definitions
  • Revising 3 ECCNs to add License Exception CIV eligibility for Anisotropic plasma dry etching equipment and related software and technology

Australia Group changes to the CCL include:

  • Removing ECCN 1C352 and merging the animal pathogens previously controlled here with the human pathogens and toxins controlled under ECCN 1C351
  • Revising the controls in ECCN 2B350.g on valves, casings (valve bodies) designed for such valves, and preformed casing liners designed for such valves.
  • Additional AG-related changes consistent with the scope of the AG common control lists.

Background
The Searchable CCL is a searchable version of the Commerce Control List (CCL). Many have found it difficult to easily read and search the CCL on the e-CFR website, so we created a document which provides easy searching of the entire CCL and has improved readability.

Features include:

  • Notes, technical notes, and nota bene are properly italicized
  • Improved indentation to better grasp the structure of complex ECCNs such as 3A001
  • Document markers for accessibility
  • Inclusion of the alphabetical index to the CCL and EAR Part 772 “Definitions of Terms” since these are both useful references when working within the CCL

We hope you find it as useful as we do!

To get your copy, simply click the icon below and download The Searchable CCL. This is a direct download – there is no cost, registration, or any other information required. Don’t forget to save the PDF to your computer for easy access while offline.

The Searchable CCL

(you can also right-click and choose “Save Link As…”)

The Departments of State and Commerce just published their respective proposed rules for revisions to USML Categories XIV (Toxicological Agents) and Category XVIII (Directed Energy Weapons). The affected Category XIV articles consist primarily of dissemination, detection and protection “equipment” and related articles and would be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607. The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related articles and would be controlled under new ECCNs 6B619, 6D619 and 6E619. I don’t come across many Category XVIII articles but perhaps this is a substantive change for some of you out there.

An easy to read FR for the State rule is here. The Commerce rule can be found here. A convenient feature of reading the FR on those pages is that formal comments can be submitted without leaving the page. Just look for the large green button. The public comment period for each of these proposed rules closes on Monday, August 17, 2015.

DDTC and BIS have issued their respective proposed rules on “harmonizing” the definitions in the ITAR and EAR. Although there are numerous revisions to definitions of terms including the highly-anticipated cloud computing provisions, I certainly wouldn’t call this a harmonization of terms.

For example, BIS and DDTC still have separate terms for the following:

  • Foreign Person vs. Foreign National
  • Public Domain vs. Publicly Available
  • Technical Data vs. Technology

There are, however, some very interesting bits in the rules. Below are my initial notes and highlights of important provisions in the proposed rules along with a very handy “Project Harmonization Chart”chart from BIS which shows comparable regulatory text side-by-side for convenience.

Don’t forget that comments to these rules must be submitted by August 3, 2015 so get reading!

Continue reading

A new and improved version of The Searchable CCL™ is now available. This new version is up to date as of May 8, 2015 and includes revisions based on the 2014 Missile Technology Control Regime Plenary Agreements. We’ve also overhauled formatting throughout the entire document to make it even easier for you to find what you need. Enjoy!

Background
The Searchable CCL is a searchable version of the Commerce Control List (CCL). Many have found it difficult to easily read and search the CCL on the e-CFR website, so we created a document which provides easy searching of the entire CCL and has improved readability. Features include:

  • Notes, technical notes, and nota bene are properly italicized
  • Improved indentation to better grasp the structure of complex ECCNs like 3A001
  • Document markers for accessibility
  • Inclusion of the alphabetical index to the CCL and EAR Part 772 “Definitions of Terms” since these are both useful references when working within the CCL

We hope you find it as useful as we do!

To get your copy, simply click the icon below and download The Searchable CCL. This is a direct download – there is no cost, registration, or any other information required. Don’t forget to save the PDF to your computer for easy access while offline.

The Searchable CCL

(you can also right-click and choose “Save Link As…”)

As announced by the US Department of Justice on Wednesday, Schlumberger Oilfield Holdings Ltd. agreed to plead guilty and pay over $232.7 million for violating US sanctions by facilitating trade with Iran and Sudan.

The plea agreement also includes a three year probationary period for the company and represents the largest ever criminal fine in connection with IEEPA. The company established a business segment in the US (D&M) which provided oilfield services to Schlumberger customers in Iran and Sudan through non-U.S. subsidiaries. Internal company processes were designed to disguise the identities of the embargoed locations in the automated computer system in order to obtain approval from the D&M Global Asset Manager in the United States. D&M was illegally involved in the day-to-day operations in Iran and Sudan, including through U.S. persons working at D&M headquarters, and this involvement occurred with D&M’s knowledge and understanding of the applicability of U.S. sanctions laws to the company.

In sum the company violated U.S. sanctions against Iran and Sudan by:

  • Approving and disguising the company’s capital expenditure requests from Iran and Sudan for the manufacture of new oilfield drilling tools and for the spending of money for certain company purchases
  • Making and implementing business decisions specifically concerning Iran and Sudan
  • Providing certain technical services and expertise in order to troubleshoot mechanical failures and to sustain expensive drilling tools and related equipment in Iran and Sudan

“This is a landmark case that puts global corporations on notice that they must respect our trade laws when on American soil,” said U.S. Attorney Machen. “Even if you don’t directly ship goods from the United States to sanctioned countries, you violate our laws when you facilitate trade with those countries from a U.S.-based office building. For years, in a variety of ways, this foreign company facilitated trade with Iran and Sudan from Sugar Land, Texas. Today’s announcement should send a clear message to all global companies with a U.S. presence: whether your employees are from the U.S. or abroad, when they are in the United States, they will abide by our laws or you will be held accountable.”

“Today’s criminal guilty plea demonstrates the Commerce Department’s commitment to aggressively prosecute multinational corporations for violations involving embargoed destinations,” said Under Secretary Hirschhorn. “We will continue to pursue violators wherever they are located and whatever their size. I commend the Office of Export Enforcement and the Department of Justice for their outstanding efforts to investigate and prosecute this case.”

Let this hefty, record-setting fine, be an example to all global companies considering themselves insulated from prosecution simply by implementing policies and hiring compliance personnel without proper ongoing training. The plea agreement specifically states that it was Schlumberger’ s failure to train its employees adequately to ensure that all U.S. persons, including non-U.S. citizens who resided in the United States while employed at D&M, complied with Schlumberger’s sanctions policies and compliance procedures, which contributed to the violations.

Source documents:

Schlumberger Plea Agreement

Schlumberger Statement of Offense

Schlumberger Information