Interesting. So on behalf of my company, I will prepare the 5 copies of a professional letter describing the products my company manufactures, all of which are marketed and intended solely for use by the citizens and domestic law enforcement agencies of the United States and in no way, shape, form, or intent on being exported, marketed, sold to, or utilized by any army or military force, domestic or foreign. I will submit these to the US State Department requesting a Commodities Jurisdiction Ruling.Sec. 120.3 Policy on designating defense articles and services.
Designations of defense articles and defense services are based primarily
on whether an article or service is deemed to be inherently military in
character. Whether it has a predominantly military application is taken
into account. The fact that an article or service may be used for both
military and civilian purposes does not in and of itself determine whether
it is subject to the export controls of this subchapter. (Narrow
exceptions to this general policy exist with respect to exports of certain
spare parts and components in Categories V(d); VIII (e) and (g); XI(e);
XII(c); and XVI(b).) The intended use of the article or service after its
export (i.e., for a military or civilian purpose) is also not relevant in
determining whether the export is subject to the controls of this
subchapter.
Sec. 120.4 Relation to Department of Commerce regulations.
If an article or service is placed on the United States Munitions List,
its export is regulated exclusively by the Department of State. Exports
which are not subject to the controls of this subchapter are generally
under the regulatory jurisdiction of the Department of Commerce pursuant
to the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
through 2420) and the implementing Export Administration Regulations (15
CFR parts 368 through 399).
Sec. 120.5 Commodity jurisdiction procedure.
The Office of Munitions Control will provide, upon written request, a
determination on whether a particular article is included on the United
States Munitions List. Such requests should be accompained by five copies
of the letter requesting a determination and any brochures or other
documentation or specifications relating to the article. A "commodity
jurisdiction" procedure is used if a doubt exists within the U.S.
Government on whether an article is on the Munitions List. The procedure
entails consultations among the Departments of State, Commerce and
Defense.
Hopefully they will do as the law suggests and find my company's products to not be defensive articles, as defined. Then I can be exempt from ITAR due to my company not making "defensive articles" and promptly request my $4,000 back for the registration my company paid.
Wish me luck. This could be ALL 07/02s, even those like AAC and DeGroat who sell to military, could be exempt from ITAR. For any business it hurts. For a tiny ass company like mine, it would be a blessing.
I'll keep everyone posted.
Adam