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State Department Questions

  • What if it was designed for military use but my foreign customer only wants to use it for civilian applications?

    The USG does not consider intended use to be a relevant factor in determining whether the item should be on the USML or CCL.

  • What should I include in the package in order to obtain a commodity jurisdiction decision?

    You need only identify the item (or service) and include a history of the products design, development and use. Brochures, specifications and other documentation must be submitted in nine collated sets, plus a cover letter explaining the request. A Part 126.13 certification letter is not required.

  • What if the item is software?

    Then you will need to identify the language level in addition to providing a history of the softwares design, development and use. In addition, you must comply with the Department of Defense Guidelines for International Transfer of Software Documentation (including Source Code).

  • What if theres an argument between State, Defense and Commerce over whether the item should be on the USML or the CCL? Who decides?

    The Department of State.

  • Does the State Department control all exports and imports of defense articles and defense services?

    No. The Treasury Department controls the permanent import of USML items. Nuclear propulsion equipment and nuclear weapons are under the export control of the Department of Energy.

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