September 13th, 2012

Using an ITAR Exemption, continued

We have determined that this transaction will involve inspection only and will not require the exporting of technical data. The denied parties screening was clear. Based on this information the organization will use the following license exemption.

LICENSE EXEMPTIONS FOR TEMPORARY IMPORT TRANSACTIONS
Imports for Overhaul, Service and Repair – ITAR § 123.4(a)(1)
A license is not required for the temporary import (and subsequent export), for a period of up to 4 years, of unclassified U.S. origin defense items (including items manufactured abroad with U.S. Government approval) if the items are inspected, tested, serviced, refurbished or repaired (including one-to-one replacement of any defective parts, but excluding modification or enhancement) and subsequently returned to the country from which they were imported.

The procedures for Temporally Importing the Part is:

The following will need to be presented to U.S. Customs UPON ENTRY:

To the satisfaction of the Port Director of U.S. Customs and Border Protection, the importer and export must comply with the following procedures:

(1) At the time of temporary import: File and annotate the applicable U.S. Customs and Border Protection document (e.g., Form CF 3461, 7512, 7501, 7523 or 3311) to read: “This shipment is being imported in accordance with and under the authority of 22 CFR 123.4(a) (1),” and “Include, on the invoice or other appropriate documentation, a complete list and description of the defense article(s) being imported, including quantity and U.S. dollar value;”

Next time, the procedure for returning the inspected part.