U.S. Trade Law

   

 

U.S Export Trading Company Act

The U.S Export Trading Company Act (ETCA) allows U.S. trading companies to work with each other to improve the quality of their trades and become and effective participant in the export market. Businesses in the United States are facing extreme competitive pressures from the foreign suppliers in the export industry. The ETCA allows these businesses to improve the quality of their export businesses. Find out more about the ETCA here.

 

U.S National Export Initiative

The National Export Initiative (NEI) is a strategy that aimed to double exports from the U.S. This strategy was created by the Obama Administration, as a five-year project, to promote the export of American-made goods and services, such as companies, farmers, and small- and, medium- sized enterprise, and help them move forward in the export market.

The NEI provides assistance, tools and Federal funding to support U.S. businesses competing in the export market. The introduction of this strategy marked the switch of the U.S. trade data system form paper to an electronic system.

Find out more about the NEI here.

 

U.S. Export Controls

 

The Department of State is responsible for the export and temporary import of defense articles and services governed by 22 U.S.C. 2778 of the Arms Export Control Act (AECA) and Executive Order 13637. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA.

 

 

The purpose of a commodity jurisdiction (CJ) request is to determine whether a commodity or service is covered by the U.S. Munitions List (USML) and therefore subject to export controls administered by the U.S. Department of State pursuant to the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR). If after reviewing the USML and other relevant parts of the ITAR, in particular ITAR §120.3, §120.4, and §121.1(b), you are unsure of the export jurisdiction of a commodity or service, you should request a CJ determination.

 

 

A U.S. person to provide a defense service to a foreign person, an authorization to manufacture defense articles abroad, or to establish a distribution point abroad for defense articles of U.S. origin for subsequent distribution to foreign persons.

 

 

Division of the US Department of Commerce's mission is to protect U.S. foreign policy and economic interests in case of sensitive exports to hostile entities: items that have both commercial and military or proliferation applications, exports submitted to license, restricted destinations (embargoed countries, countries designated as supporting terrorist activities), etc., under the Export Administration Regulations (EAR).

 

 

A key in determining whether an export license is needed from the Department of Commerce is finding out if the item you intend to export has a specific Export Control Classification Number (ECCN). ECCNs are five-character alpha-numeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes.

 

 

Guidance on re-exports/transfers (in-country) of U.S.-origin items or non-U.S.-made items that are subject to the Export Administration Regulations (EAR) require license from the U.S. Department of Commerce’s Bureau of Industry and Security (BIS).

 

 

OFAC administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy, or economy of the United States.  The OFAC website provides information on these sanctions, the complete list of Specially Designated Nationals and Blocked Persons (the "SDN List"), and other sanctions lists administered by OFAC.

 

 

Licenses nuclear material and equipment.

 

 

Licenses natural gas.

 

 

The Defense Technology Security Administration (DTSA) administers the development and implementation of Department of Defense (DoD) technology security policies on international transfers of defense-related goods, services and technologies.

 

 

Oversees the export of controlled substances and the import and export of listed chemicals used in the production of control substances under the Controlled Substances Act.

 

 

Introduction to the U.S. Export Controls for the Commercial Space Industry.

 

 

Export Administration Regulations (EAR)

The EAR are a set of rules administered by the Bureau of Industry and Security, which is a part of the U.S. Commerce Department. The EAR are applied to physical products, technology and software. They govern the export and re-export products from the U.S. that traders may perform without authorization.

Find more about the EAR here.

 

International Traffic and Arms Regulations (ITAR)

The International Traffic and Arms and Regulations (ITAR) regulate the trade of defense and military technologies to guard the U.S. National Security. The ITAR regulations state that any information and products related to the U.S. defense and military can only be shared with U.S. persons unless the Department of State sent the authorization.

Find out more about the ITAR here.

 

CFR Title 16, Commercial Practices

The Code of Federal Regulations (CFR) Title 16 is a book that contains the in effect Federal laws and regulations on the commercial practices of U.S. goods and services.

Read the all chapters of CFR Title 16 here.

 

Current U.S. Intellectual Property Rights Investigations- Active

The Intellectual Property Rights Investigations deal with property rights such as allegations of patent infringement and trademark infringements by imported goods.

Learn more about the Current U.S. Intellectual Property Rights Investigations here.

 

Current U.S. Anti-dumping Investigations- Active

Traders can petition for relief on imports sold in the U.S. at a lesser value or on imports that benefit foreign government programs. Find out more about the current U.S. Anti-dumping Investigations here.

 

U.S. Code Title 19 –Custom Duties

Read all chapters of the Code Title 19- Custom Duties here.