ITAR / USML Updates FAQs:
Q:
We have a Commodity Jurisdiction (CJ) determination issued prior to the effective date of the relevant category's revision, pursuant to Export Control Reform (ECR). The original determination was that our product is subject to the International Traffic in Arms Regulations (ITAR). The product is clearly no longer controlled on the revised USML category and is clearly not controlled by any other USML category. May we, under the Order of Review, make a self-determination that the product is no longer subject to the ITAR without submitting a new CJ request to reverse the previous CJ determination?
A:
Yes. A CJ determination that an item is subject to the USML is automatically superseded by amendments to the relevant USML categories that no longer include the item within their scope.78 Fed. Reg. 22740, 22750 (Apr. 16, 2013). Thus, there is no need to submit a CJ request to confirm that an item no longer within the scope of a USML category is no longer subject to the ITAR -- even if DDTC had previously issued a CJ determination that the item was subject to the ITAR prior to an amendment of the USML category at issue. To ensure compliance with U.S. export control rules with respect to a product, one must make a self-determination regarding its correct jurisdictional and classification status before exporting or reexporting it. If there is doubt about whether the product is within the scope of a USML category, one may seek a CJ determination from DDTC under the established procedures.