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Introduction
Export is the act of offering goods and services to another country for sale in exchange for money (U. S. Customs and Border Protection). Export occurs when an individual, a business company, or the government sells its products or services across the border of the state.
The U. S. Department of Commerce is responsible for controlling the export and re-export of products that are of U.S origin (U. S. Customs and Border Protection). The U. S. Department of Commerce regulates controls through the Export Administration Regulation. Controlling products exported from the U. S. is the responsibility of the Department of Commerce.
Analysis
There are different definitions of export according to the U. S. government agencies with the responsibility of controlling the export of products. The U. S. State Department defines export as the act of taking a defense article beyond the jurisdiction of the United States (Bureau of Industry and Security). The U.S. State Department also defines export as disclosing any technical data to a foreign person who resides in the country or abroad.
The U.S Department of State restricts and has control jurisdiction over the exportation of defense items (U. S. Customs and Border Protection). The Department of State ensures retractions of transfer of defense items.
The Department of State considers articles and related technical data designated as defense data as items for export control purposes (U. S. Customs and Border Protection). Related technical do not have a civil relevance because their design is purposely for military functions.
There is a list of defense items. The list is Munitions found in the International Traffic in Arms Regulation (U. S. Customs and Border Protection). The Department of Defense controls export with the assistance of the International Traffic in Arms Regulation.
The U. S. Commerce Department defines Export as the release of technology or software that has information about the department (U. S. Customs and Border Protection). The department discourages shipment of technology that concerns it through any means of technology. The department also prohibits the release of relevant information to foreigners.
The U.S. Department of Commerce has export control jurisdiction over the export of dual-use items and items that have civilian or commercial uses (Bureau of Industry and Security). The Department of Commerce does not prohibit the export of dual-use items.
Dual-use items are items that have the potential for both military and civilian use (Bureau of Industry and Security). These items are not eligible for test for defense items. In addition, items not controlled by the State Department for export are also dual-use items.
The Commodity Control List is a partial list of dual-use items (U. S. Customs and Border Protection). The list of the dual items is in a section of the Export Administration Regulation.
An exporter who is unsure whether there is control on particular products for export purposes is required to submit a written Commodity Jurisdiction Request. The exporter directs the written request to the Department of State (Bureau of Industry and Security). The Department of State further advises the exporter what specifically is required before exportation.
An exporter receives much information from the Department of State through the written Commodity Jurisdiction Request (Bureau of Industry and Security). The exporter is also able to know goods and services restricted for export. Through this practice, exporters are not involved in export issues that may face them and further makes the institutions to file a lawsuit against them.
The U. S. Department of Commerce issues licenses to control export on its jurisdiction. The Department of Commerce also assigns a specific Export Commodity Control Number to all products (Bureau of Industry and Security). The U. S. Department of Commerce is responsible to oversee and to put controls on certain export commodities to specific countries.
There are export controls by the Department of Commerce to ensure the security of products to the end-user and specific destinations (Bureau of Industry and Security). The Department of Commerce ensures that there are restrictions on exports for the state to be able to know export commodities.
The Department of Commerce prohibits exports of end-user products (Bureau of Industry and Security). End-use export controls prescribed by the Commerce Department under the Export Administration Regulation.
Nuclear and missile end users are examples of end-user controls according to the Department of Commerce (Bureau of Industry and Security). It is a requirement by the Commerce Department that all exporters should obtain an export license before they export any commodity. Through this practice, the department can control exports.
Ultimate Destination export controls are export controls decided by the Department of Commerce and the Department of Treasury (Weiss 6). These agencies are required to provide a list of restricted destinations for exports. In addition, it is also a requirement that all exporters must understand if the counties they are exporting to are restricted destinations by the departments.
The Department of Commerce has restricted and controlled exports to most countries. Examples of these countries that experience export controls are Cuba, Iran, Iraq, Libya, North Korea, and Sudan (Weiss 102). The departments impose export controls on a country-by-country basis.
Conclusion
Export is the transfer of products or services to foreigners residing in the United States or other countries for the exchange of money or self-gain (Weiss 100). The various departments control all exports.
Products and services that are subject to the export jurisdiction of the Export Administration Regulations include all items in the United States, all U. S. origin items, and U. S. origin parts (Weiss 100). The Department of State and the Department of Treasury control all exports.
Works Cited
Bureau of Industry and Security. n.d. Web.
U. S. Customs and Border Protection. n.d. Web.
Weiss, Kenneth. Building an Import / Export Business. New Jersey: John Wiley & Sons, 2011. Print.
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