Avionics News September 2015 - 58

LEGAL EASE

Continued from page 57

underlying requirements to assert the
exception.
There are other licensing
exceptions that can be useful to AEA
members, but they are a topic for
another column.
Remember - if the exceptions do
not apply to your transaction, that
doesn't mean you are forbidden
from exporting the unit ... it usually
means you merely have to apply for
and receive an export license before
you can export that unit.
What about
defense articles?
Each of these exceptions are
particular to components subject
to Commerce Department export
jurisdiction. They do not apply

to components that are subject to
the International Traffic in Arms
Regulations.
Avionics that remain subject to the
ITAR requirements include inertial
navigation systems, aided or hybrid
inertial navigation systems, inertial
measurement units, and attitude and
heading reference systems that are
specially designed for defense aircraft.
In this case, the term defense aircraft
means aircraft controlled under the
ITARs for export purposes, also aircraft
controlled under ECCN 9A610.
Also, certain avionics may be
regulated under a nonaviation
category of the U.S. Munitions
List. Examples include military
electronics regulated under U.S.
Munitions List Category XI, and
certain inertial reference systems
that may be regulated under U.S.
Munitions List Category XII. Those

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58

avionics news

*

september

2015

units may not benefit from the recent
movement of many dual use items
from the U.S. Munitions List to the
Commerce Control Lists.
Exporting articles subject to the
ITARs will almost always require
a license - the range of license
exceptions and exclusions is much
narrower in this regulatory regime.
But there is an exception that could
apply to repair station transactions.
That exception is the servicing
exception. It permits the temporary
import and subsequent export
without a license of parts that
were previously legally exported
when the purpose of the import
is servicing. Servicing, in this
case, means inspection, testing,
calibration or repair, including
overhaul, reconditioning and oneto-one replacement of any defective
items, parts or components. As
you can see, this is rather similar
to the Commerce Department
exception for nondefense items.
Like that provision, this exception
excludes any unit that was modified,
enhanced, upgraded or otherwise
altered or improved relative to its
basic performance parameters.
When using this exception, the
foreign person shipping the unit
to you must file the applicable
customs documentation and must
annotate the documentation to say,
"This shipment is being imported
in accordance with and under the
authority of 22 CFR 123.4(a)(1)."
After the work is completed,
the ITAR-controlled unit must
subsequently be returned to the
country from which it was imported,
and to the same consignee to whom
the original licensed export was
shipped. There are a number of other
limits on this provision, so be sure you
seek appropriate compliance support if
you intend to use this exception.
Oh yeah - what do you call
a fish with 10 eyes? You call it
"fiiiiiiiiiish." q
Table of Contents for the Digital Edition of Avionics News September 2015
