Export Control Classification Number
Encyclopedia
An Export Control Classification Number (ECCN) is a specific alpha-numeric code that identifies the level of export control for articles, technology and software (collectively, "Items") that are exported from member states of the Wassenaar Arrangement
, including the United States. The ECCN classification that applies to any specific item is determined by referring to a table that is issued for the United States by the Bureau of Industry and Security
.
The ECCN table contains hundreds of ECCN codes that are organized according to the technical parameters and/or end use of the hardware, software or technology that is being exported.
An ECCN identifies the type of control(s) for the items categorized under that ECCN. For example, an ECCN may be controlled for anti-terrorism. After obtaining the ECCN, the exporter must review the Commerce Country Chart to determine whether an export license is required to export items to that country. In other words, if the ECCN is controlled for AT reasons to the country one is exporting to, an export license is required unless license exceptions apply.
Although determining an item’s ECCN can be time consuming and difficult, it is a necessary step in the process of complying with current export control laws. A would-be exporter can submit a request for an official classification via the U.S. Commerce Department's Web site.
of the Department of State
.
US export laws are valid also for re-export of US products from any country, according to stipulations in the documentation from the Bureau of Industry and Security.
Normally the assigned US ECCN code is valid also for re-export of US origin products from most countries in the world. However, it must be noted that if the product is exported from the US under certain license exceptions, i.e. NLR or LVS, the Wassenaar Arrangement do not have corresponding license exceptions. A product which can be exported from the US without an export license might well need one when re-exporting from an EU/Wassenaar country.
Also, a product exported from the US under mass-market exemption being embedded into other equipment/software loses that status and it is required that product to be reclassified and exported under a separate export license.
Wassenaar Arrangement
The Wassenaar Arrangement is a multilateral export control regime with 40 participating states including many former COMECON countries.It is the successor to the Cold war-era Coordinating Committee for Multilateral Export Controls , and was...
, including the United States. The ECCN classification that applies to any specific item is determined by referring to a table that is issued for the United States by the Bureau of Industry and Security
Bureau of Industry and Security
The Bureau of Industry and Security is an agency of the United States Department of Commerce which deals with issues involving national security and high technology. A principal goal for the bureau is helping stop proliferation of weapons of mass destruction, while furthering the growth of United...
.
The ECCN table contains hundreds of ECCN codes that are organized according to the technical parameters and/or end use of the hardware, software or technology that is being exported.
Purpose
In the U.S., the Bureau of Industry and Security allows private industry to self-classify exported items with the exception of certain items containing encryption functionality. In the case of encryption hardware/software, the US company would need to request a product classification ruling from the Bureau of Industry and Security. Although many different U.S. and foreign entities may be involved in manufacturing and distributing an item, ultimately it is the exporter or U.S. Principal Party in Interest (USPPI) that is held responsible for the correct classification of any export and is required to ensure that all applicable export control requirements are met prior to making the export. In the event an ECCN cannot be determined by the USPPI, technical information about the article can be submitted to the Bureau of Industry and Security and the ECCN will be determined and a ruling made.Usage
Each ECCN provides for varying degrees of export control based on the country of end use. The licensing requirement for an ECCN entry may be determined by referring to the Commerce Country Chart in Supplement No. 1 to Part 738 of the Export Administration Regulations. Additionally, some ECCNs have license exceptions associated with the export restrictions—based on Low Value Shipment (LVS) or other mitigating factors. There are also restrictions that apply to certain denied parties, regardless of what would otherwise be an allowed export transaction.An ECCN identifies the type of control(s) for the items categorized under that ECCN. For example, an ECCN may be controlled for anti-terrorism. After obtaining the ECCN, the exporter must review the Commerce Country Chart to determine whether an export license is required to export items to that country. In other words, if the ECCN is controlled for AT reasons to the country one is exporting to, an export license is required unless license exceptions apply.
Although determining an item’s ECCN can be time consuming and difficult, it is a necessary step in the process of complying with current export control laws. A would-be exporter can submit a request for an official classification via the U.S. Commerce Department's Web site.
Munitions
Munitions list articles and technologies fall under the jurisdiction of the Department of State and are controlled under the International Traffic in Arms Regulation (ITAR). Jurisdiction for all articles and technologies must be properly determined prior to classifications being made to ensure that munitions list articles are not incorrectly classified as dual-use articles or technologies. Jurisdiction rulings can be obtained from the Directorate of Defense Trade Controls (DDTC)Directorate of Defense Trade Controls
Bureau of Political Military Affairs' Directorate of Defense Trade Controls is the organization within the U.S. Department of State responsible for enforcing the International Traffic in Arms Regulations. In accordance with 22. U.S.C...
of the Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
.
US export laws are valid also for re-export of US products from any country, according to stipulations in the documentation from the Bureau of Industry and Security.
Normally the assigned US ECCN code is valid also for re-export of US origin products from most countries in the world. However, it must be noted that if the product is exported from the US under certain license exceptions, i.e. NLR or LVS, the Wassenaar Arrangement do not have corresponding license exceptions. A product which can be exported from the US without an export license might well need one when re-exporting from an EU/Wassenaar country.
Also, a product exported from the US under mass-market exemption being embedded into other equipment/software loses that status and it is required that product to be reclassified and exported under a separate export license.
External links
- Details from the Bureau of Industry and Security, part of the Department of Commerce
- Items to check for restrictions and denied parties
- Export Administration Regulations(EAR), codified at 15 C.F.R. 300 et seq.
- Commerce Country Chart, to determine whether an export license is required to export items to that country