BIS Issues Advisory Opinion on License Exception for ECCN 1A007 Electrical Equipment

The Bureau of Industry and Security has issued an advisory opinion regarding the license exception for operators under Export Control Classification Number (ECCN) 1A007, which controls equipment and devices, specially designed to initiate charges and devices containing energetic materials, by electrical means.

According to BIS, the requestor sought an advisory opinion to confirm an exemption provided under 1A007 for a certain method of export between parties, the details of which have been redacted¹.

BIS Interprets "Operator" Regarding Exception to 1A007 License Requirement

The License Requirement Note to ECCN 1A007 states that it does not apply to equipment when accompanying its operator.

BIS' advisory opinion states that with regard to the application of the word "operator" as it appears in the License Requirement Note to ECCN 1A007, it interprets this term to apply to any agent of the exporting company, including the contract carrier, or an employee of the export license applicant, ultimate consignee, or end-user.

(The license requirements for this ECCN are available at http://www.access.gpo.gov/bis/ear/pdf/ccl1.pdf.)

¹BIS notes that its advisory opinions have been redacted to avoid releasing identifying information that is protected under Section 12(c) of the Export Administration Act. In this case, information containing the names of specific parties and transactions have been redacted.

(See ITT's Online Archives or 10/20/08 news, 08102025 for BP summary of BIS' October 2008 revision of the Commerce Control List, which includes the imposition of a license requirement for certain ECCN 1A007 exports.)

BIS contact - Robert Teer (202) 482-4749

BIS advisory opinion (dated 07/01/09) available at http://www.bis.doc.gov/policiesandregulations/advisoryopinions/july1_09.pdf