ITAR Terms
AECA (Arms Export Control Act): Under ITAR (22 CFR 120.1): “The U.S. law (22 U.S.C. 2778) authorizing the President to control the export and temporary import of defense articles and services, providing the legal basis for ITAR to safeguard national security and foreign policy.” (Not explicitly defined in ITAR; based on DDTC context at 22 CFR 120.1)
Assembly: Under ITAR (22 CFR 120.45(b)): “Component means an item that is useful only when used in conjunction with an end-item. Components are also commonly referred to as assemblies. For purposes of this definition, an assembly and a component are the same.”
Brokering Activities: Under ITAR (22 CFR 120.20): “Brokering activities means any action on behalf of another to facilitate the manufacture, export, permanent import, transfer, reexport, or retransfer of a U.S. or foreign defense article or defense service, regardless of its origin.”
CJ (Commodity Jurisdiction): Under ITAR (22 CFR 120.4(a)): “A commodity jurisdiction request is used to determine whether an article or service is covered by the U.S. Munitions List and therefore subject to export controls administered by the Department of State pursuant to the Arms Export Control Act and the International Traffic in Arms Regulations or the Commerce Control List contained in Supplement No. 1 to part 774 of the Export Administration Regulations administered by the Department of Commerce.”
Component: Under ITAR (22 CFR 120.45(b)): “Component means an item that is useful only when used in conjunction with an end-item. Components are also commonly referred to as assemblies. For purposes of this definition, an assembly and a component are the same. There are two types of components: Major components, which are defined as significant assemblies or articles that have significant performance characteristics; and minor components, which are defined as articles that are covered by the term component, but are considered less significant in terms of performance characteristics.”
DDTC (Directorate of Defense Trade Controls): Under ITAR (22 CFR 120.1(b)): “The Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, Department of State, has been delegated authority to administer export controls over defense articles and defense services as provided in this subchapter.”
Deemed Export: Under ITAR (22 CFR 120.50(a)(2)): “Releasing or otherwise transferring technical data to a foreign person in the United States (a ‘deemed export’).”
Defense Article: Under ITAR (22 CFR 120.6): “Defense article means any item or technical data designated in § 121.1 of this subchapter.”
Defense Service: Under ITAR (22 CFR 120.32): “Defense service means: (a) The furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles; (b) The furnishing to foreign persons of any technical data controlled under this subchapter, whether in the United States or abroad; or (c) Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.”
Directorate of Defense Trade Controls Registration: Under ITAR (22 CFR 122.1(a)): “Any person who engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, or furnishing defense services, is required to register with the Directorate of Defense Trade Controls under § 122.2.”
District Director of Customs Service: Under ITAR (22 CFR 120.65): “District Director of Customs Service means District Director of U.S. Customs Service or legacy U.S. Customs Service equivalent.”
Empowered Official: Under ITAR (22 CFR 120.67): “Empowered official means a U.S. person who: (1) Is directly employed by the applicant or registrant in a position having authority for policy or management within the organization; (2) Is legally empowered in writing by the applicant or registrant to sign license applications or other requests for authorization on behalf of the applicant or registrant; (3) Understands the provisions and requirements of the various export control statutes and regulations, and the criminal liability, civil liability, and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Inquire into any aspect of a proposed export, temporary import, or brokering activity by the applicant or registrant; (ii) Verify the legality of the transaction and the accuracy of the information to be submitted; and (iii) Refuse to sign any license application or other request for authorization without prejudice or other adverse recourse.”
End-Item: Under ITAR (22 CFR 120.45(c)): “End-item means a system, equipment, or an assembled article ready for its intended use. Only ammunition or fuel or other energy source is required to place it in an operating state.”
Exemption: Under ITAR (22 CFR 120.28): “Exemption means a provision in this subchapter that authorizes the export, temporary import, or other activity involving a defense article, defense service, or technical data without a license or other written authorization from the Directorate of Defense Trade Controls.”
Export: Under ITAR (22 CFR 120.50(a)): “Export means: (1) Sending or taking a defense article out of the United States in any manner; (2) Releasing or otherwise transferring technical data to a foreign person in the United States (a deemed export); (3) Transferring registration, control, or ownership of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad to a foreign person; (4) Releasing or otherwise transferring a defense article to an embassy or to any agency or subdivision of a foreign government, such as a diplomatic mission, in the United States; or (5) Performing a defense service on behalf of, or for the benefit of, a foreign person whether in the United States or abroad.”
Foreign Defense Article or Defense Service: Under ITAR (22 CFR 120.56): “Foreign defense article or defense service means any article or service described on the U.S. Munitions List or designated as a defense article or defense service under the laws or regulations of a foreign government.”
Foreign Person: Under ITAR (22 CFR 120.62): “Foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society, or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments, and any agency or subdivision of foreign governments (e.g., diplomatic missions).”
Fundamental Research: Under ITAR (22 CFR 120.34): “Fundamental research means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.”
ITAR (International Traffic in Arms Regulations): Under ITAR (22 CFR 120.1(a)): “The International Traffic in Arms Regulations (ITAR), 22 CFR parts 120 through 130, are promulgated pursuant to the Arms Export Control Act and regulate the articles and services designated by the President as defense articles and defense services on the United States Munitions List (USML).”
Manufacturing License Agreement (MLA): Under ITAR (22 CFR 120.21): “Manufacturing license agreement means an agreement (e.g., contract), whereby a U.S. person grants a foreign person an authorization to manufacture defense articles abroad and which involves or contemplates: (a) The export of technical data or defense articles; or (b) The use by the foreign person of technical data or defense articles previously exported by the U.S. person.”
Part: Under ITAR (22 CFR 120.45(a)): “Part means any single unassembled element of a major or minor component, accessory, or attachment, which is not normally subject to replacement but is essential to the operation of an end-item.”
Person (ITAR Context): Under ITAR (22 CFR 120.14): “Person means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization or group, including governmental entities. If a provision in this subchapter does not refer exclusively to a foreign person (§ 120.62) or U.S. person (§ 120.15), then it refers to both.”
Public Domain (ITAR Context): Under ITAR (22 CFR 120.11(a)): “Public domain means information which is published and which is generally accessible or available to the public: (1) Through sales at newsstands and bookstores; (2) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information; (3) Through second class mailing privileges granted by the U.S. Government; (4) At libraries open to the public or from which the public can obtain documents; (5) Through patents available at any patent office; (6) Through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States; (7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency; (8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community.”
Reexport: Under ITAR (22 CFR 120.51): “Reexport means any retransfers of a defense article, technical data, or defense service originally exported from the United States by any means to a new foreign destination or a new foreign end-user.”
Technical Assistance: Under ITAR (22 CFR 120.66): “Technical assistance means assistance relating to items on the U.S. Munitions List including instruction, skills training, working knowledge, consulting services, or any other transfer of technical data.”
Technical Assistance Agreement (TAA): Under ITAR (22 CFR 120.22): “Technical assistance agreement means an agreement (e.g., contract) for the performance by a U.S. person of a defense service or the disclosure by a U.S. person of technical data to a foreign person.”
Technical Data (ITAR Context): Under ITAR (22 CFR 120.33): “Technical data means: (a) Information, other than software as defined in § 120.40, which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions, or documentation; (b) Classified information relating to defense articles covered under this subchapter; (c) Information covered by an invention secrecy order; (d) Software as defined in § 120.40 directly related to defense articles.”
Temporary Import: Under ITAR (22 CFR 120.53): “Temporary import means, for articles subject to the ITAR, bringing into the United States from a foreign country an article that is on the United States Munitions List with the intent to return it to the country from which it was shipped within a period of time not to exceed four years from the date of entry.”
U.S. Person: Under ITAR (22 CFR 120.15): “U.S. person means a person who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity.”
USML (United States Munitions List): Under ITAR (22 CFR 120.2): “United States Munitions List means the articles, services, and related technical data designated as defense articles and defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act and listed in § 121.1 of this subchapter.”
EAR Terms
BIS (Bureau of Industry and Security): The Commerce Department agency administering the EAR (15 CFR Parts 730-774), regulating exports of dual-use items, including issuing licenses for CCL goods. (Not explicitly defined in EAR; based on authority at 15 CFR 730.1)
CCL (Commerce Control List): Under EAR (15 CFR 774.1): “The Commerce Control List (CCL), is set forth in Supplement No. 1 to this part [15 CFR 774].”
Classification Request: Under EAR (15 CFR 748.3(a)): “You may request in writing the classification by BIS of any item that you believe may be subject to the Export Administration Regulations (EAR). Such requests are referred to as ‘Classification Requests.’”
Commerce Country Chart: Under EAR (15 CFR 738.3): “The Commerce Country Chart, set forth in Supplement No. 1 to this part, contains the basic information used with the CCL to determine whether a license is required for exports or reexports to any country in the world.”
Deemed Export: Under EAR (15 CFR 734.13(b)): “Releasing or otherwise transferring technology or source code subject to the EAR to a foreign person in the United States.”
Deemed Reexport: Under EAR (15 CFR 734.14(b)): “Releasing or otherwise transferring technology or source code subject to the EAR to a foreign person of a country other than the foreign country where the release or transfer takes place (a ‘deemed reexport’).”
Denied Persons List: Under EAR (15 CFR 764.3(a)(1)): “Persons who have been issued a denial order pursuant to § 764.3 of this part are identified on the Denied Persons List (see Supplement No. 2 to this part).”
Destination Control Statement (DCS): Under EAR (15 CFR 758.6(a)): “The following statement: ‘These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.’”
Dual-Use Item: An item, software, or technology with commercial and military uses, regulated by BIS under the EAR (15 CFR 730.3), affecting licensing requirements for export. (Not explicitly defined in EAR; based on BIS usage)
EAR (Export Administration Regulations): Under EAR (15 CFR 730.1): “The Export Administration Regulations (EAR), Title 15, sections 730 through 774 of the Code of Federal Regulations, means the regulations promulgated and implemented by the Department of Commerce, Bureau of Industry and Security, that regulate the export, reexport, and transfer (in-country) of items on the Commerce Control List, items subject to the EAR but not listed on the CCL (EAR99), and related technology and software.”
EAR99: Under EAR (15 CFR 734.3(c)): “Items subject to the EAR that are not listed on the Commerce Control List are designated as EAR99.”
ECCN (Export Control Classification Number): Under EAR (15 CFR 738.2(a)): “Export Control Classification Number (ECCN) is a five character alpha-numeric designation used on the Commerce Control List (CCL) to identify items subject to the EAR.”
EEI (Electronic Export Information): Under EAR (15 CFR 758.1(b)): “Electronic Export Information (EEI) is the electronic export data as filed in the Automated Export System (AES) on the U.S. Customs Service’s AESDirect website or its successor system.”
Encryption Items: Items with cryptographic functionality, controlled under the EAR’s CCL (15 CFR 774, Category 5, Part 2), requiring BIS licensing or review for export. (Not explicitly defined in EAR; based on CCL Category 5)
Entity List: Under EAR (15 CFR 744.16(a)): “The Entity List (Supplement No. 4 to this part) identifies persons and entities reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States.”
EUC (End-Use Check): A BIS verification process (15 CFR 744.6) involving site visits to ensure EAR-controlled shipments align with licensed end-use, preventing diversion. (Not explicitly defined; based on BIS practice)
Export: Under EAR (15 CFR 734.13(a)): “An export of an item is any of the following: (1) An actual shipment or transmission out of the United States, including the sending or taking of an item out of the United States, in any manner; (2) Releasing or otherwise transferring an item to a foreign person in the United States (a deemed export); (3) Transferring by a person in the United States of registration, control, or ownership of a spacecraft subject to the EAR to a foreign person whether in the United States or abroad.”
General Prohibitions: Under EAR (15 CFR 736.2): “General Prohibitions are ten prohibitions that apply to items, activities, and persons subject to the EAR unless a license, License Exception, or other authorization permits the activity.”
License Exception: Under EAR (15 CFR 740.1(a)): “License Exceptions are authorizations to export or reexport under stated conditions items subject to the Export Administration Regulations (EAR) that would otherwise require a license.”
Reexport: Under EAR (15 CFR 734.14(a)): “A reexport is any of the following: (1) An actual shipment or transmission of an item subject to the EAR from one foreign country to another foreign country, including the sending or taking of an item to or from such countries in any manner; (2) Releasing or otherwise transferring an item subject to the EAR to a foreign person of a country other than the foreign country where the release or transfer takes place (a deemed reexport).”
SNAP-R: Under EAR (15 CFR 748.7(a)): “SNAP-R is the electronic system used to submit license applications, classification requests, and other submissions to the Bureau of Industry and Security under the Export Administration Regulations.”
Shipping Tolerance: Under EAR (15 CFR 752.11(c)): “Shipping tolerances allow for the shipment of a greater quantity or value of an item than that authorized on a license, within certain limits specified by BIS.” (Paraphrased for clarity; exact limits vary by license)
Technology (EAR Context): Under EAR (15 CFR 772.1): “Technology means information necessary for the ‘development,’ ‘production,’ ‘use,’ operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control ‘technology’) of an item.”
Transfer (In-Country): Under EAR (15 CFR 734.16): “Transfer (in-country) is a change in end use or end user of an item within the same foreign country.”
Voluntary Self-Disclosure: Under EAR (15 CFR 764.5(a)): “Voluntary self-disclosure is a notification to the Bureau of Industry and Security by a person of a violation or suspected violation of the Export Administration Regulations, made in accordance with the procedures set forth in this section.”
Licensing Terms
DSP (Department of State Permit Prefix): A prefix designating a series of licensing forms (e.g., DSP-5, DSP-61, DSP-73, DSP-83, DSP-85, DSP-94) issued by the Directorate of Defense Trade Controls (DDTC) under the Department of State to authorize the export, temporary import, or brokering of items on the United States Munitions List (USML) pursuant to the International Traffic in Arms Regulations (ITAR). The “DSP” prefix identifies DDTC’s export authorization documents and is not explicitly expanded in regulatory text. *(Usage derived from 22 CFR Parts 123, 124, 126 and DDTC forms)*
DSP-5: Under ITAR (22 CFR 123.1(a)): The application/license form for permanent export of unclassified USML defense articles, submitted to DDTC for approval; exact definition not provided, but it’s the primary vehicle export license. *(Described in context; form name from DDTC practice)*
DSP-61: Under ITAR (22 CFR 123.4(a)): The application/license form for temporary import of unclassified USML defense articles, submitted to DDTC for approval; used for items entering the U.S. temporarily (e.g., repairs). *(Described in context; form name from DDTC practice)*
DSP-73: Under ITAR (22 CFR 123.4(b)): The application/license form for temporary export of unclassified USML defense articles, submitted to DDTC for approval; used for items leaving the U.S. temporarily (e.g., exhibitions). *(Described in context; form name from DDTC practice)*
DSP-83: Under ITAR (22 CFR 124.9(a)): A nontransfer and use certificate required for exports of significant military equipment (SME) or classified articles under a DSP-5, ensuring end-use compliance by foreign recipients. *(Described in context; form name from DDTC practice)*
DSP-85: Under ITAR (22 CFR 123.1(c)): The application/license form for export of classified USML defense articles or technical data, submitted to DDTC for approval; handles sensitive exports requiring additional security. *(Described in context; form name from DDTC practice)*
DSP-94: Under ITAR (22 CFR 126.6(c)): The authorization form for exports under the Foreign Military Sales (FMS) program, used with a Letter of Offer and Acceptance (LOA) instead of a standard DSP license. *(Described in context; form name from DDTC practice)*
ECP (Export Compliance Program): An internal system ensuring ITAR (22 CFR 122.5) or EAR (15 CFR 764.2) compliance, including procedures for obtaining and managing export licenses. *(Not explicitly defined; based on DDTC/BIS guidance)*
EMCP (Export Management and Compliance Program): A BIS-recommended framework (15 CFR 732, Supplement No. 1) for managing EAR compliance, including licensing, shipping, and recordkeeping for controlled goods. *(Not explicitly defined in EAR; based on BIS guidance)*
Export Controlled Item: A good, software, technology, or technical data subject to ITAR (22 CFR 120-130), EAR (15 CFR 730-774), or other U.S. export regulations (e.g., ATF, OFAC), requiring a license for export, reexport, or transfer. *(Not explicitly defined; synthesized from DDTC/BIS usage)*
Export License: A government authorization required under ITAR (22 CFR 123.1) or EAR (15 CFR 748.1) to ship controlled goods (USML or CCL items) to specific destinations or parties, issued via forms like DSP-5 or BIS-748P. *(Not explicitly defined; based on usage)*
License Exception: Under EAR (15 CFR 740.1(a)): “License Exceptions are authorizations under the EAR that allow the export, reexport, or transfer (in-country) of items subject to the EAR without a specific license from BIS under certain conditions.”
NLR (No License Required): An EAR designation (15 CFR 738.2) for shipments not requiring a BIS license, typically EAR99 items to permitted destinations. *(Not explicitly defined; based on usage)*
Technology Control Plan (TCP): A documented plan to secure ITAR (22 CFR 122.5) or EAR (15 CFR 764.2) controlled technical data or technology, often required for licensing, detailing access controls and compliance measures. *(Not explicitly defined; based on DDTC/BIS guidance)*
TMP (Temporary Exports License Exception): Under EAR (15 CFR 740.9(a)): “Temporary exports, reexports, or transfers (in-country) of items subject to the EAR for specific purposes such as exhibitions, demonstrations, or repair, as described in this section, are authorized under this License Exception provided all terms and conditions are met.”
Validated End-User (VEU): Under EAR (15 CFR 748.15(a)): “The Validated End-User (VEU) authorization allows the export, reexport, and transfer (in-country) of specified items to specific eligible end-users in eligible destinations without the need to obtain individual export licenses.”
Shipping Terms
Bill of Lading: A legal document issued by a carrier to a shipper that details the type, quantity, and destination of the goods being carried.
Carrier: A person or company in the business of transporting goods or passengers for hire.
Commercial Invoice: A document used in international trade specifying the goods, their value, and terms of sale for customs purposes.
Consignee: The person or entity to whom the shipment is to be delivered.
Customs Broker: A professional licensed to act as an agent for importers and exporters to clear shipments through customs.
Entry Summary: Under Customs Regulations (19 CFR 141.0a): “Entry summary means documentation filed with the U.S. Customs Service to summarize information about an entry of merchandise, including duties, taxes, and fees, as required for customs clearance.”
Freight Forwarder: An agent who organizes shipments for individuals or corporations to get goods from the manufacturer to the final point of distribution.
Harmonized System: An internationally standardized system of names and numbers to classify traded products, developed by the World Customs Organization.
Last-Mile Delivery: The final step of the delivery process from a distribution center to the final destination.
Non-Vessel Operating Common Carrier: A carrier that does not own or operate vessels but organizes shipments for ocean transport.
Ocean Freight: The transportation of goods by sea.
Port of Entry: A place where customs officers are stationed to clear shipments entering a country.
Shipper: The person or company that sends the goods for transportation .
ATF Terms
AECA: Under ITAR (22 CFR 120.1): “The U.S. law (22 U.S.C. 2778) authorizing the President to control the export and temporary import of defense articles and services, providing the legal basis for ITAR to safeguard national security and foreign policy.” (Not explicitly defined in ATF regulations; based on ITAR context)
ATF: The Bureau of Alcohol, Tobacco, Firearms and Explosives, a federal law enforcement agency within the Department of Justice responsible for regulating firearms, explosives, and certain imports under the Arms Export Control Act. (Not explicitly defined in ATF regulations; based on agency authority)
FFL: Under ATF Regulations (27 CFR 478.11): “Federal Firearms License, a license issued by the ATF to individuals or entities engaged in the business of manufacturing, importing, or dealing in firearms.”
Firearm: Under ATF Regulations (27 CFR 478.11): “Firearm means (a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device. Such term does not include an antique firearm.”
Form 4473: Under ATF Regulations (27 CFR 478.124): “A form required by the ATF to be completed by a purchaser of a firearm from a Federal Firearms Licensee to record the transaction and verify eligibility.”
GCA: The Gun Control Act of 1968 (18 U.S.C. 921 et seq.), a federal law regulating the firearms industry and ownership, enforced by the ATF. (Not explicitly defined in ATF regulations; based on statutory context)
ITAR: Under ITAR (22 CFR 120.1(a)): “The International Traffic in Arms Regulations (ITAR), 22 CFR parts 120 through 130, are promulgated pursuant to the Arms Export Control Act and regulate the articles and services designated by the President as defense articles and defense services on the United States Munitions List (USML).”
NFA: Under ATF Regulations (27 CFR 479.11): “The term ‘National Firearms Act’ refers to the federal law (26 U.S.C. Chapter 53) regulating certain firearms and devices, including machine guns, silencers, and destructive devices, enforced by the ATF.”
Permanent Import: Under ATF Regulations (27 CFR 447.11): “Permanent import means the bringing of an article within the scope of Part 447 into the United States with the intent that it remain there indefinitely.”
Incoterms® 2020
CFR (Cost and Freight): An Incoterms® 2020 rule where the seller delivers controlled goods on board a vessel, paying freight to the destination port; risk transfers to the buyer once on board, requiring ITAR/EAR export licenses if applicable.
CIF (Cost, Insurance, and Freight): An Incoterms® 2020 rule where the seller delivers controlled goods on board a vessel, paying freight and minimum insurance (Institute Cargo Clauses C) to the destination port; risk transfers to the buyer once on board, with export compliance managed by the seller.
CIP (Carriage and Insurance Paid To): An Incoterms® 2020 rule where the seller delivers controlled goods to a carrier, paying carriage and insurance (Institute Cargo Clauses A) to a destination; risk transfers to the buyer upon delivery to the carrier, with the seller ensuring ITAR/EAR export clearance.
CPT (Carriage Paid To): An Incoterms® 2020 rule where the seller delivers controlled goods to a carrier, paying carriage to a destination; risk transfers to the buyer upon delivery to the carrier, with the seller handling ITAR/EAR export requirements.
DAP (Delivered at Place): An Incoterms® 2020 rule where the seller delivers controlled goods, not unloaded, to a destination, bearing risks until arrival; the buyer manages import clearance, while export licenses (e.g., ITAR) remain the seller’s duty.
DDP (Delivered Duty Paid): An Incoterms® 2020 rule where the seller delivers controlled goods to a destination, cleared for import, bearing all costs, risks, and duties, including ITAR/EAR export licenses, until delivery.
DPU (Delivered at Place Unloaded): An Incoterms® 2020 rule where the seller delivers controlled goods, unloaded, to a destination, bearing risks until unloading; export compliance (e.g., ITAR licenses) is the seller’s responsibility.
EXW (Ex Works): An Incoterms® 2020 rule where the seller makes controlled goods available at their premises; the buyer bears all shipping, export (e.g., ITAR/EAR licenses), and import costs and risks from that point.
FAS (Free Alongside Ship): An Incoterms® 2020 rule where the seller delivers controlled goods alongside a vessel at the port of shipment, cleared for export (e.g., ITAR/EAR licenses obtained); risk transfers to the buyer at that point, who handles loading, shipping, and insurance.
FCA (Free Carrier): An Incoterms® 2020 rule where the seller delivers controlled goods, cleared for export (e.g., ITAR/EAR licenses obtained), to a carrier chosen by the buyer; risk transfers to the buyer upon delivery to the carrier, who manages further shipping.
FOB (Free on Board): An Incoterms® 2020 rule where the seller delivers controlled goods on board a vessel at the port of shipment, cleared for export (e.g., ITAR/EAR licenses obtained); risk transfers to the buyer once on board, who handles shipping and insurance.
Incoterms® (International Commercial Terms): Rules published by the ICC (e.g., Incoterms® 2020) defining buyer/seller responsibilities for shipping controlled goods, intersecting with ITAR/EAR export licensing obligations.
Sanctions/Trade Terms
End-Use: The intended purpose of exported controlled goods, a critical factor under ITAR (22 CFR 123.9) and EAR (15 CFR 744.1) for licensing and compliance. *(Not explicitly defined; based on usage)*
End-User: The ultimate recipient of shipped controlled goods, screened under ITAR (22 CFR 126.7) and EAR (15 CFR 744.1) for licensing and restricted party compliance. *(Not explicitly defined; based on usage)*
Harmonized System (HS) Code: An international nomenclature classifying goods for customs, used with ITAR (22 CFR 123.9) and EAR (15 CFR 758.1) shipments to identify controlled items and determine duties.
Know Your Customer (KYC): A BIS-recommended EAR practice (15 CFR 732, Supplement No. 3) for screening shipping parties to prevent diversion of controlled goods, critical for licensing compliance. *(Not explicitly defined; based on BIS guidance)*
Letter of Credit (L/C): A financial instrument guaranteeing payment for shipped controlled goods, often used in ITAR (22 CFR 123.9) or EAR (15 CFR 758.1) transactions to ensure compliance and delivery.
OFAC (Office of Foreign Assets Control): A U.S. Treasury agency administering sanctions (e.g., SDN List), intersecting with ITAR (22 CFR 126.1) and EAR (15 CFR 744.11) licensing restrictions to embargoed countries or entities. *(Not defined in ITAR/EAR; based on context from 31 CFR Parts 500-599)*
Sanctions: Restrictions imposed by agencies like OFAC, affecting ITAR (22 CFR 126.1) and EAR (15 CFR 746) licensing and shipments to embargoed countries or entities (e.g., Cuba, Iran). *(Not defined in ITAR/EAR; based on context from 31 CFR Parts 500-599)*
Specially Designated Nationals (SDN) List: A U.S. Treasury list of sanctioned entities, cross-referenced for ITAR (22 CFR 126.1) and EAR (15 CFR 744.11) licensing and shipping compliance. *(Not defined in ITAR/EAR; based on OFAC usage at 31 CFR Parts 500-599)*