BIS Issues Advisory Opinion on the Classification of Body Armor

The Bureau of Industry and Security has posted an October 31, 2008 advisory opinion on the classification of body armor as it relates to stabbing weapons. BIS was asked if Export Control Classification Number (ECCN) 1A005, which places National Security (NS2), United Nations Embargo (UN), and Anti-Terrorism (AT) controls on body armor, includes body armor that provides protection to the wearer against non-ballistic threats such as stabbing weapons.

Certain Body Armor Subject to State Dept Licensing Authority

BIS states that ECCN 1A005 does not set a minimum level of protection that body armor must provide to be controlled. However, it does specify in the Related Controls section that body armor meeting NIJ protection levels III and IV are subject to the licensing authority of the State Department.

Certain Other Body Armor Classified Under ECCN 1A005

As a result, BIS considers body armor that does not meet the State Department criteria, but that provides protection to the wearer against nonballistic threats, such as stabbing weapons, to be a classified commodity under ECCN 1A005.

Licensing requirements. As such, these commodities are subject to NS2, AT1 and/or UN controls as described in 15 CFR Part 742, and a license may be required to export or reexport them.

License Exception GBS may be available. BIS notes that these commodities may be eligible for License Exception GBS, as described in 15 CFR 740.4.

(In rendering its opinion, BIS cautions that it has relied upon information and representations included in the requesting company's October 2, 2008 letter, and any deviation from the factual circumstances as stated in this opinion may necessitate different regulatory obligations, including possible additional licensing requirements.)

BIS contact - Robert Teer (202) 482-4749

BIS advisory opinion (dated 10/31/08) available at http://www.bis.doc.gov/policiesandregulations/advisoryopinions/oct31_08_body_armor_ao.pdf.