October 1st, 2012

Using an ITAR Exemption, Part 3

The procedure for returning the inspected part:

1. Perform a customer Screening of the Denied Parties and other U.S.G. Agency lists
2. Prepare the export documentation. When a defense article is exported, whether under a license, and agreement, or an exemption, the bill of lading and invoice must bear the following statement:

These commodities are authorized by the U.S. Government for export only to [country of ultimate destination] for use by [end user]. They may not be transferred, transshipped on a non-continuous voyage, or otherwise be disposed of in any other country, either in their original form or after being incorporated into other end-items, without the prior written approval of the U.S. Department of State.

3. The exporter also must present to CBP at the port of export such documentation as proof of AES filing and the AES External Transaction Number or Internal Transaction Number.
4. At the time of export, the ultimate consignee named on the Shipper’s Export Declaration (SED) must be the same as the foreign consignee or end user of record named at the time of import; and
5. As stated in § 126.1, the temporary import must not be from or on behalf of a proscribed country listed in that section unless an exception has been granted in accordance with § 126.3.
6. At the time of export, in accordance with the U.S. Customs and Border Protection procedures, the Directorate of Defense Trade Controls (DDTC) registered and eligible exporter, or an agent acting on the filer’s behalf, must electronically file the export information using the Automated Export System (AES), and identify 22 CFR 123.4 as the authority for the export and provide, as requested by U.S. Customs and Border Protection, the entry document number or a copy of the U.S. Customs and Border Protection document under which the article was imported.