New ITAR Destination Control Statement Effective October 15, 2013

Export Control Reform has yielded new regulatory changes that must be implemented by everyone.  ITAR destination control statements are supposed to be on all shipping documents including commercial invoices.  But they have now expanded it to include just about all shipping documents.

Here’s the new destination control statement from §123.9(b) of the ITAR:
ITAR 123.9(b) The exporter shall incorporate the following statement as an integral part of the bill of lading, airway bill, or other shipping documents, and the invoice whenever defense articles are to be exported or transferred pursuant to a license, other written approval, or an exemption under this subchapter, other than the exemptions contained in § 126.16 and § 126.17 of this subchapter (Note: for exports made pursuant to § 126.16 or § 126.17 of this subchapter, see § 126.16(j)(5) or § 126.17(j)(5)):

‘‘These commodities are authorized by the U.S. Government for export only to [country of ultimate destination] for use by [end-user]. They may not be transferred, transshipped on a noncontinuous voyage, or otherwise be disposed of, to any other country or end-user, either in their original form or after being incorporated into other end-items, without the prior written approval of the U.S. Department of State.’’

It’s important to update your IT systems and forms to ensure that this new statement is clearly visible on all of your company’s ITAR Restricted Shipments.

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