| US export rules and the small package shipper By Tom Stanton |
| Small package shippers exporting non-controlled or non-licensable commodities from the United States that are nevertheless classified EAR99 on the Commerce Control List need to be aware of the following factors: A) embargoed/restricted countries, B) "listed" consignees or shippers, C) destination-prohibited imports, and D) classification and value. A) Country Restrictions: The first thing you might notice on your export order is the destination country. In most cases exports to Cuba, North Korea, Iran, and Syria are prohibited. Furthermore, you are prohibited from supporting embargoes of Israel. For example, you cannot send a certificate of origin that states the products are not products of Israel. A number of other destination country restrictions are can be identified atwww.bis.doc.gov/policiesandregulations/05forpolcontrols/chap5_embargo.htm B) Shipper/Consignee Restrictions: A list of those firms and individuals whose export privileges have been denied is available at Denied Persons List. Some denied persons are located within the United States. So, if you believe a person whose export privileges have been denied wants to buy your product, you must not make the sale. You need to report the situation to the US Bureau of Industry and Security (BIS) Office of Export Enforcement. If you have further questions, you can contact BIS's Office of Enforcement Analysis at 202.482.4255. The Entity List is found in Supplement No. 4 to Part 744 of the Export Administration Regulations (EAR). This is a list of parties whose presence in a transaction can trigger a license requirement. The entity list specifies the license requirements that apply to each listed party. These license requirements are in addition to any license requirements imposed on the transaction by other provisions of the EAR. The Treasury Department Specially Designated Nationals and Blocked Persons List is maintained by the Department of Treasury's Office of Foreign Assets Control. They administer and enforce economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations, and international narcotics traffickers. The Unverified List is composed of firms for which BIS was unable to complete a check on the end use of the commodity being exported. Firms on the unverified list present a "red flag" that exporters must inquire about before making an export to them. Destination prohibited imports: Due to various national interests, local countries may restrict the products you intend to export or limit their importation with an import license requirement. The value of the order and the destination country must be reviewed in conjunction with the importer and/or a local party familiar with the import laws. For example, Mexico prohibits exportation of chocolate to their country, Switzerland prohibits importation of lottery tickets and Greece prohibits importation of playing cards. A wise shipper double checks with the carrier, the consignee, and a local customs broker to ensure there will be no difficulty in clearing the commodity being shipped. Even though the value of your product may be small, such as $100, shipment via small package may require an import license or an import bond and duty payment prior to release to the consignee. A thorough (46 page) document regarding European Union import restrictions of all sorts is available by scanning clicking here. C) Classification and Value: The Federal trade statistics regulations require that any exported item valued over $2,500 per classification be reported electronically for statistical purposes via the Automated Export System (AES). A total shipment valued at $6,000 with three different classifications valued at $2,000 each is thus exempt from electronic reporting and the language "no schedule B required, individual classifications less than $2,500 each" can be cited on the export air waybill. From a practical standpoint it is recommended that you classify all items you are exporting, add this information to the commercial invoice, and transmit the information to the agent who will be clearing the goods in the destination country. Thomas Stanton, AFMS, LLC, International Analyst can be reached at 503.246.3521 orTom.stanton@afms.com. |
