US ITAR and EAR - Export Control and Data Security
Jurisdiction, classification and controlled information – US ITAR and EAR - Export Control and Data Security

US ITAR and EAR - Export Control and Data Security ITAR 120.12: Request a commodity jurisdiction determination where jurisdiction is unclear

Where it is uncertain whether an article or service is on the USML, a person may file Form DS-4076 for a commodity jurisdiction determination, which DDTC decides case by case with Defense, Commerce and other agencies on form and fit, function and performance, and the design and use history the applicant supplies. DDTC gives a preliminary response within 10 working days of a complete request; if no final determination arrives after 45 days, expedited processing may be requested; the result can be appealed to the Deputy Assistant Secretary for Defense Trade Controls, who answers in writing within 30 days, and then to the Assistant Secretary. Registration is not needed to file. A CJ determination is the authoritative answer that lets an organisation treat an item and its data as EAR-controlled; a self-classification is not.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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