IMPORTANT REQUIREMENTS FOR EXPORTS (shipping/hand-carrying) TO CHINA, HONG KONG, BURMA, CAMBODIA, OR VENEZUELA
Brown faculty, researchers, staff and students (collectively, Brown Personnel) who ship or hand-carry (“export”) any item, including documents and materials, to China, Hong Kong, Burma, Cambodia, or Venezuela must read and become familiar with the information provided below. Failure to comply with the new requirements related to exports to China, Hong Kong, Burma, Cambodia, or Venezuela is considered a violation of export control regulations and may result in civil and criminal penalties.
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Providing Export Control Classification Information for ALL items that are exported to China, Hong Kong or Venezuela and filing of the Electronic Export Information (EEI)
Effective June 29, 2020, the Export Administration Regulations (EAR) require that EEIs are filed for all items listed on the Commerce Control List (CCL) that are exported to China, Hong Kong, or Venezuela, regardless of value. In order to fulfill this requirement, the exporter must know and provide the correct Export Control Classification Number (ECCN) of the item that is being exported.
On December 23, 2020, BIS removed Hong Kong as a separate destination under the EAR, largely subjecting Hong Kong to the same requirements and restrictions as China.
Shipments
Brown Personnel shipping items to China, Hong Kong, or Venezuela must now provide the correct Export Control Classification Number (ECCN) of the item to the shipper or freight forwarder OR confirm that the item is classified as “EAR99”.
If you need assistance in determining an item’s ECCN, you can reach out to the manufacturer or vendor of the item for the ECCN. If the export is related to research, you may also contact Brown’s Export Control Team for assistance
Hand-carrying items
Brown Personnel who hand-carry items to China, Hong Kong, or Venezuela must know the correct Export Control Classification Number (ECCN) of the item that they are carrying to these destinations or confirm that the item is classified as “EAR99”. If the item has an ECCN and is not classified as “EAR99”, an EEI filing is required prior to departure from the U.S.
Note that failing to file an EEI for items listed on the CCL or providing false export control classification information to shippers or freight forwarders is a violation of export regulations and can result in civil and criminal penalties.
Review of End-User/End-Use Certification
If the item you are exporting to China, Hong Kong, Burma, Cambodia, or Venezuela has any of the ECCNs listed below, you must contact the Export Control Team for end-user/end-use verification and review. Items with these ECCNs cannot be exported to a military end-user or for military end-use in China, Hong Kong, Burma, Cambodia, or Venezuela without a license from the Department of Commerce. Review and approval by Brown’s Export Control Team is required prior to exporting any item with ECCNs listed in section (a) below.
ECCNs requiring review prior to export to China, Hong Kong, Burma, Cambodia, or Venezuela
Category 1 - Materials, Chemicals, Microorganisms, Toxins: 1A290, 1C990, 1C996, 1D993, 1D999, 1E994
Category 2 – Materials Processing: 2A290, 2A291, 2A991, 2B991, 2B992, 2B996, 2B999, 2D290
Category 3 – Electronic Design, Development and Production: 3A991, 3A992, 3A999, 3B991, 3B992, 3C992, 3D991, 3E991
Category 4 – Computers: 4A994, 4D993, 4D994
Category 5 – Telecommunication and Information Security: 5A991, 5B991, 5D991, 5E991, 5A992, 5D992
Category 6 – Sensors and Lasers: 6A991, 6A993, 6A995, 6A996, 6C992
Category 7 – Navigation and Avionics: 7A994, 7B994, 7D994, 7E994
Category 8- Marine: 8A992, 8D992, 8E992
Category 9 – Propulsion Systems, Space Vehicles and Related Equipment: 9A991, 9B990, 9D991, 9E991
Commonly used items with ECCNs
|
ITEM |
ECCN# |
Review Required by Export Control Team if exported to China, Russia, or Venezuela |
|
Dell Laptop (no encryption) |
4A994 |
YES |
|
Mac Laptop |
5A992 |
YES |
|
IPhones & IPads |
5A992 |
YES |
|
Jump/Flash Drive (most) |
3A991 |
YES |
|
Android Cell Phone/Tablets |
5A992 |
YES |
|
Garmin GPS |
7A994 |
YES |
|
Bitlocker Encryption |
5D992 |
YES |
We strongly recommend checking in with Brown’s Export Control Team when planning travel to China, Hong Kong, Russia, Burma, Cambodia, or Venezuela to prevent any accidental export control violations.