BIS Export Control Officer End-Use Check Program...Missile Components Golf club shafts, Fishing rods...
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BIS Export Control Officer End-Use Check Program John G Haberstock Regional Export Control Officer U.S. Consulate General Hong Kong & Macau
Transcript of BIS Export Control Officer End-Use Check Program...Missile Components Golf club shafts, Fishing rods...
BIS Export Control Officer End-Use Check Program
John G Haberstock
Regional Export Control Officer
U.S. Consulate General Hong Kong & Macau
BIS regulates dual-use items: Items with both commercial and military or proliferation applications.
Use of Concern Legitimate Use
Machine Tools
Gas centrifuge, Fabrication of WMD
Parts & components of various machinery
Carbon Fibers
Missile Components Golf club shafts, Fishing rods
Thiodiglycol Mustard Gas Plastics, Dyes, Inks
Moscow, Russia
Dubai, UAE
New Delhi, India
Singapore
Hong Kong & Macau
Beijing, PRC
BIS Export Control Officers
WHO ARE ECOs? – U.S. Government BIS Criminal Investigators
appointed as U.S. Foreign Commercial Service Officers
– Stationed in U.S. Embassies and Consulates at strategic locations around the world
– Primary mission is to conduct PSVs and PLCs through the EUC Program
– Provide subject matter expertise on US DOC export control and strategic trade issues
– Liaison with USG agencies and local partners to stop diversion and enhance U.S. National Security related to WMD, AT, CP and CBCW
The United States maintains a control list derived from the multilateral export control regime lists, with some additional items that are controlled unilaterally.
• Used to determine Export Control Classification Number (ECCN)
• Used to determine license requirements
The Commerce Control List (the CCL)
The Commerce Control List (the CCL)
AT = Anti-Terrorism
CB = Chemical & Biological Weapons
CC = Crime Control
CW = Chemical Weapons Convention
EI = Encryption Item
FC = Firearms Control
MT = Missile Technology
NP = Nuclear Nonproliferation
NS = National Security
RS = Regional Stability
SI = Significant Item
SL = Surreptitious Listening
SS = Short Supply
UN = United Nations Embargo
End-Use Checks
• Types of End-Use Verifications – Pre-License Check (PLC)
– Post-Shipment Verification (PSV)
• Conducted by Export Control Officer, Commerce Department official from local embassy or consulate, or official from United States
• State Department also conducts checks for munitions items.
Conducting the Check
Reach out to consignee and arrange meeting
Contact information may be from the documents or public source
Do background research on item and company
Visit consignee or delivery address
Report back to headquarters
EUC Red Flag Indicators
– The consignee has little or no business background. – The consignee is unfamiliar with the product's performance
characteristics but still wants the product. – Routine installation, training, or maintenance services are declined by
the consignee. – Delivery dates are vague, or deliveries are planned for out-of-the-way
destinations. – A freight forwarding firm is listed as the product's final destination. – The shipping route is abnormal for the product and destination. – Packaging is inconsistent with the stated method of shipment or
destination. – When questioned, the consignee is evasive and especially unclear
about whether the purchased product is for domestic use, for export, or for re-export.
What We Learn
Different company at
address
How compliance is managed in real
world
Unfamiliar with license condition
Whether companies know about local laws
Falsify/Fraudulent documents
Why companies transship (both legal and illegal)
End-Use Check Goals – Verify the bona fides of the parties to the transaction – Ensure the end-user is aware of the license conditions
or has received appropriate information from exporter – Help ensure that the foreign party (usually the
ultimate consignee or end-user) understands its responsibilities under foreign and domestic law
– Assess the risk of transshipment or diversion of the commodities or technology
– Verify whether or not the proposed disposition of the items is consistent with normal business practices
– Confirms whether or not goods exported actually were received by the appropriate ultimate consignee
GOAL: FACILITATE SECURE TRADE
Thank You! John G. Haberstock
Regional Export Control Officer U.S. Commercial Service
+852 2521 6515 [email protected]
www.bis.doc.gov www.export.gov/ecr
