Acquiring export licenses through the U.S. Government can be time consuming, stressful, and sometimes an overwhelming process to complete on your own. This is painfully true for small companies or organizations that only occasionally submit license applications, but can also apply to any company heavily involved in exporting that are submitting many licenses for review and approval by the Department of State and Commerce.
STRATEGIC LICENSE PLANNING
FD Associates offers various levels of support tailored to your specific business processes and concerns. Our service offerings are aimed at successfully guiding your company through the ITAR and EAR licensing processes. We can either assist you by preparing and completing the necessary license applications, or we can review your draft documents for completeness and accuracy prior to submission to DDTC or BIS for review and adjudication. More importantly, if you are unsure of what licenses you need, we will help analyze your international business plan and export needs and determine the appropriate licensing plan to achieve a beneficial end result for you and your international customer.
U.S. businesses dealing in defense products and services described on the U.S. Munitions List (USML) are subject to extensive licensing requirements under the International Traffic in Arms Regulations (ITAR). The ITAR governs the export of defense related technology transfers, defense services, as well as permanent and temporary export and temporary import of defense articles enumerated on the USML.
FD Associates has a team of dedicated consultants and lawyers who support our client base with licensing their international transactional needs. We are experienced and qualified to assist your business in applying for or processing of any or all of the ITAR-related licenses and agreements issued by the US Department of State Directorate of Defense Trade Controls (DDTC).
- DSP-5 Permanent Export License (unclassified hardware, unclassified technical data, foreign person employment in the U.S. and limited Defense Services)
- DSP-61: Temporary Import License
- DSP-73: Temporary Export License
- DSP-85: Classified Export License
- Technical Assistance Agreements; the authorization required for U.S. person to provide a defense service and technical data to a foreign person.
- Manufacturing License Agreements; the authorization required, transfer of manufacturing know-how or production rights to Foreign Persons.
- Warehouse Distribution Agreements; establish a distribution point abroad for defense articles of U.S. origin for subsequent distribution to foreign persons
Most goods and services not covered under the ITAR are subject to export under the Export Administration Regulations (EAR). This includes millions of parts, components, accessories, attachments, manufacturing, test, inspection and product equipment for military systems. The EAR is administered by the Department of Commerce Bureau of Industry and Security (BIS), which is the agency that issues export licenses for commodities, software, technology and services, if they are required.
All transactions requiring a license may be accomplished via a simple form, 748P. FD Associates can help you determine whether or not your product, software, technology or services are subject to EAR and whether it needs a license from BIS for export.
EXEMPTIONS AND EXCEPTIONS
FD Associates can help you be sure that you're following the most effective path to conducting your international business transactions. Prior to assuming an export license is required, we will examine all possible ITAR exemptions (of which there are 50) for hardware, technical data and defenses services and EAR license exceptions (21 of these) that might be applied to your particular export activity.
As a company doing business in the international market, you cannot afford to be without the correct ITAR or EAR authorization. Knowing the regulations and timing for obtaining the correct authorizations can protect your business against missteps that will delay delivery to your customer and possibly put you in the cross-hairs of the export regulators. FD Associates can work with you, the Trade Compliance Professional; or your Business Development Team, Program Manager and even your Supply Chain person to help everyone understand the need to have the proper authorizations in place when doing international business.