BIS Issues Forms for EAR Controlled Transactions

In its first material communication since imposing a "pause" on license issuance for firearms exports, Commerce's Bureau of Industry and Security  issued a collection of information addressing three activities: (1) Import Certificates/End Use Certificates, (2) Delivery Verification, and (3) Firearms Entry Clearance Requirements.

This notice is not directed solely at the firearms industry.  Import certificate and end user statements are required in other EAR controlled transactions, not just firearms. And the delivery verification process can be used for any transaction under the EAR. It is only the third item that is specifically directed to the firearms trade.

"We don’t see this has having a significant impact on our industry," notes Larry Keane of the National Shooting Sports Foundation.  

Mr. Keane's assessment:

• Import certificates/end use certificates (IC/EUC) – they reference the BIS-645P form International Import Certificate used for IMPORTS which is issued by either BIS or ATF depending on the transaction.  But the notice then describes the normal import certificates we get from the foreign buyer for EXPORTS which is issued by the foreign government. We have always had to have an import certificate under both DDTCC and BIS, so we don’t see a real impact.
• Delivery verification (DV) –There are clauses in both the EAR and ITAR on this for a while.  Per instructions on the referenced form BIS-647-P, this is similar to the ATF Form 6A – to be submitted by the US Importer to CBP detailing the goods entering the US against the BIS issued International Import Certificate (only required in certain instances).  CBP signs off to confirm what was imported, and the form goes to BIS.
• Firearm entry clearance requirements – this was implemented in the 2020 transition, and it lays out a process for firearms being temporarily imported.  BIS doesn’t issue temporary import licenses like DDTC does.   So, when firearms come into the US, CBP is looking for the ATF Form 6 or they seize the shipment.  This process was developed with BIS and CBP so firearms could be legally temporarily imported and subsequently exported under the EAR.  Again, we  don’t see an impact from what we are already doing.

"The draft rule - that we expect to be issued (or a modified version) as a final rule in early February – would extend the import certificate requirements currently for OAS countries (Canada, Latin America) to all countries.  And import certificates have to be included with license applications.  This is largely already being done. Standard practice for the foreign importer to get started on his import permit when he orders from the US exporter.  We don’t see this as a big impact for the normal exporters," concluded Mr. Keane.

[88 FR 2200]