Census Issues Guidance for New ECCNs in AES Due to Transfer of Gun Export Controls

The Automated Export System will add 13 new Export Control Classification Numbers to its reference table to allow exporters to report electronic export information in the wake of the transfer of export controls over firearms from the State Department to the Commerce Department (see 2001170030 and 2003090029), the Census Bureau said in a notice emailed March 11. The notice contains instructions for determining which new ECCNs are eligible for certain license types. Census also clarified that by using any of the license exceptions or “No License Required,” exporters “are certifying that the terms, provisions, and conditions described in the [Export Administration Regulations] have been met.”

Census also said that “under a delegation of authority,” the State Department “may license an item subject to the EAR on an [International Traffic in Arms Regulations] license.” If this occurs, “the AES filer must report the ECCN (including ‘600 series’ ECCNs) or the EAR 99 designation in the ECCN field in AES, even if the license type is S05 (DSP-5),” Census said. “All other fields associated with license type S05 are required, such as registration number, significant military equipment indicator, [Directorate of Defense Trade Controls] eligible party certification indicator, [U.S. Munitions List] category code, DDTC unit of measure and DDTC quantity.”