Export Control Classification Number
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An Export Control Classification Number (ECCN) is a specific alpha-numeric code that identifies the level of export control for articles, technology and software (collectively, "Items") that are exported from member states of the Wassenaar Arrangement, including the United States. The ECCN classification that applies to any specific Item is determined by referring to a table that is issued by the Wassenaar Arrangement (http://www.wassenaar.org/) or, for the United States, by the Bureau of Industry and Security. See the Export Administration Regulations(EAR), codified at 15 C.F.R. 300 et seq.. The ECCN table contains hundreds of ECCN codes that are organized according to the technical parameters and/or end use of the hardware, software or technology that is being exported.
In the U.S., the Bureau of Industry and Security allows private industry to self-classify exported items with the exception of certain items containing encryption functionality. In the case of encryption hardware/software, the US company would need to request a product classification ruling from the Bureau of Industry and Security. Although many different U.S. and foreign entities may be involved in manufacturing and distributing an item, ultimately it is the exporter or U.S. Principal Party in Interest ("USPPI") that is held responsible for the correct classification of any export and is required to ensure that all applicable export controls requirement are met prior to making the export. In the event an ECCN cannot be determined by the USPPI, technical information about the article can be submitted to the Bureau of Industry and Security and the ECCN will be determined and a ruling made.
Please note** Munitions list articles and technologies fall under the jurisdiction of the Department of State and are controlled under the International Traffic in Arms Regulation (ITAR). Jurisdiction for all articles and technologies must be properly determined prior to classifications being made to ensure that munitions list articles are not incorrectly classified as dual-use articles or technologies. Jurisdiction rulings can be obtained from the Department of State, Directorate of Defense Trade Controls(DDTC).
US export laws are valid also for re-export of US products from any country, according to stipulations in the documentation from the Bureau of Industry and Security. Normally the assigned US ECCN code is valid also for re-export of US origin products from most countries in the world. However, it must be noted that if the product is exported from the US under certain license exceptions, i.e. NLR or LVS, the Wassenaar Arrangement do not have corresponding license exceptions. A product which can be exported from the US without an export license might well need one when re-exporting from an EU/Wassenaar country.
Also, a product exported from the US under the #massmarket exemption# being embedded into other equipment/software does lose its status as a product viable for the #massmarket exemption# and requires the combined product to be reclassified and exported under an export license.
Each ECCN provides for varying degrees of export control based on the country of end use. The specific export restrictions for a proposed country of export are for export from the US determined by referring to the U.S Department of Commerce Country Chart. (See 15 CFR 738-740 and associated supplements.) Additionally, some ECCNs have license exceptions associated with the export restrictions—based on Low Value Shipment (“LVS”) or other mitigating factors. There are also restrictions that apply to certain denied parties, regardless of what would otherwise be an allowed export transaction.
A listing of items to check is situated at: http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
Although determining an Item’s ECCN can be time consuming and difficult, it is a necessary step in the process of complying with current export control laws.
