1. Classification of Items on the Commerce Control List

2. Why are classifications so important?
Proper classifications prevent:
Delays in exporting
Potential violations of the Export Administration Regulations (EAR)

3. Commerce Control List (CCL) Part 774, Supplement No. 1
Contains items subject to the licensing authority of Bureau of Industry & Security (BIS)
Each entry is called an Export Control Classification Number (ECCN)
Most items are described in terms of their technical parameters
Classification determines the ECCN

4. What does the Export Control Classification Number (ECCN) tell us?
What items are controlled?
Why does BIS control the item?
Which destinations will require a license?
Country Chart in Supp. 1 to part 738
What (if any) list-based license exceptions may apply?

5. How can you obtain the ECCN of your item?
Ask the manufacturer… and verify
Self-classify
Work with company engineer or colleague familiar with the design & function of the item
Follow the CCL Order of Review
Submit a formal classification request to BIS

6. Performing a classification
Make sure the item is “subject to the EAR”
Index − key words from the CCL
Order of Review
Use Category, Product Group & Series to focus search
Identify the entry that accurately describes the item based on its technical specifications
If not specifically identified on the CCL, the item is EAR99

7. 3 A 01 Structure of the ECCN 3 Category A Product Group01 3
Category A
Product Group
Series (Reason for Control) 01
Sequential Numbering of Items

8. Categories of the CCL 3 A 01
Nuclear Materials, Facilities, Equipment & Misc. 1
Materials, Chemicals, Microorganisms, and Toxins 2
Materials Processing 3
Electronics 4
Computers 5
Part 1 – Telecommunication
Part 2 – Information Security 6
Sensors & Lasers 7
Navigation & Avionics 8
Marine 9
Aerospace & Propulsion

9. Product Groups of the CCL3 A 01 A
End items, Equipment, Accessories, Attachments, Parts, Components, and Systems B
Test, Inspection & Production Equipment C
Materials D
Software E
Technology

10. Related items are often grouped in a series3 X 01
End items, Equipment, Accessories, Attachments, Parts, Components, and Systems
3A001
Test, inspection and production equipment
3B001
Materials
3C001
Software
3D001
Technology
3E001

11. 3 A 01 Series of the CCL 0 – National Security 1 – Missile Technology
2 – Nuclear Nonproliferation
3 – Chemical and Biological
5 – National Security or Foreign Policy
6 – Wassenaar Arrangement Munitions List (WAML) or former US Munitions List (USML)
9 – Anti-terrorism, Crime Control, Regional Stability, Short Supply, UN Sanctions, etc. 3 A 01

12. Reasons for Control NP = Nuclear Nonproliferation AT = Anti-Terrorism
NS = National Security
RS = Regional Stability
SI = Significant Item
SL = Surreptitious Listening
SS = Short Supply
UN = United Nations Embargo
AT = Anti-Terrorism
CB = Chemical & Biological Weapons
CC = Crime Control
CW = Chemical Weapons Convention
EI = Encryption Item
FC = Firearms Control
MT = Missile Technology

13. Series of the CCL- Munitions
0 – National Security
1 – Missile Technology
2 – Nuclear Nonproliferation
3 – Chemical and Biological
5 – National Security or Foreign Policy
6 – Wassenaar Arrangement Munitions List (WAML) or former US Munitions List (USML)
9 – Anti-terrorism, Crime Control, Regional Stability, Short Supply, UN Sanctions, etc. 3 A 6 11

14. Export Control Reform (ECR) impact on the CCL

15. Sequential Numbering of Items3 B 01
ECCNs contain:
Sub-paragraphs with detailed descriptions of items
License requirements
Reasons for control
License exceptions (list-based)
Related Controls
Related Definitions

16. “Specially Designed”
Definition of “specially designed” is based on a catch- and-release construct
Requires answering a series of yes/no questions that lead to an objective determination whether an item is “specially designed”
Definition is found in Part 772 and is described in an online decision tree tool BIS has published

17. EAR99 Items
Items that are not specifically listed on the CCL yet subject to the EAR, use the designation EAR99 in place of an ECCN.
This designation may be found at the end of every category of the CCL:
“EAR Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99.”

18. Requirements for submitting a classification request to BIS
Submit request online and provide contact information
Include a “best guess” ECCN
Include item pedigree & general use information
Manufacturer
Model/Part number
General description
Applications
Include detailed technical specifications
Item characteristics
Performance parameters
Pictorial illustrations, sales brochures

19. Thank you for your attention.