Industrial process equipment export controls

There is a growing demand for used industrial process equipment globally. Many of this used industrial equipment is being exported from countries with export controls. The challenge is that most of these manufacturing entities "selling" their used equipment are not aware of the many export compliance issues they face including a global regulatory framework adopted by several countries for "dual use" items that have both commercial and military applications. Sellers of used industrial equipment should be aware of export controls and at least be able to spot export control issues.

Export Administration Regulations and common industrial equipment

The United States Department of Commerce's Bureau of Industry and Security ("BIS") maintains the US's Export Administration Regulations (EAR) which are found in Title 15 of the CFR. The EAR includes the commerce control list which details many commonly used industrial items which are considered dual use items.

"Dual use" items and the Bureau of Industry and Security

Dual use items are considered threat to national security if they end up in the wrong places or with the wrong people. Export controls provided by the EAR are designed to prevent dual use items from being exported to prohibited destinations and to prohibited parties.

Surplus equipment sales and export controls

Many categories of commonly used industrial processing equipment, as well as the technology and technical data, behind its operation have export controls which require export licenses in some cases and a rigorous screening program for end-users. Learn about export controls before you sell or auction your surplus equipment. In this paper you'll find basic explanations and actionable guidance for:

1. What is an export under US law?
2. Understand who has the responsibility for export compliance in a transaction.
3. Understand the basic export control regulations and compliance framework and how it is applied under US laws and regulations
4. Can the US export control system be used as an issue-spotting guide when exporting from foreign countries?
5. Identify dual-use items under the CCL and determine whether you may need an export license.
6. Identify sanctioned and embargoed countries.
7. Screen foreign nationals and entities.