TECHNIDOUANES (US dual-use)

Identification and examination of goods and technologies subject to export restrictions

   

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          US dual-use regulations

     

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       The expertise of dual-use goods

     

     

    Technidouanes is a company founded in 2010 by Albert Castel, who is an independent consultant. His skills, developed on the website http://www.technidouanes.com are :

      - Import and export of all goods;

      - Consumption of energy products;

      - Use of hazardous products; and

      - Waste production.

    After being an engineer in Customs laboratories, Albert Castel was the expert in dual-use goods for 12 years as a scientific advisor of french customs; and for 5 years as special adviser in the Prime Minister's office: the General Secretariat for Defence and National Security (SGDSN).

    Now Albert Castel performs expertise on industrial products declared to the customs administration, particularly on goods that may fall within the regulation of dual-use goods. He acts as a consultant, expert in dual-use goods to advise the companies about the strategic nature of the goods they intend to export. Moreover, he defends them against possible prosecution for suspicion of military or terrorist use of civilian products or technologies by giving them a useful expertise by their lawyers.

    He explains the French regulations on dualuse goods, based on a regulation of the Council of the European Union at http://doubleusage.technidouanes.com. Here he presents the US regulations that French companies must absolutely know if they export of American industrial products or technologies that meet US regulation of dual-use goods

      

    The Export Administration Regulation (EAR)

     

     

    In the US, strategic goods subject to Chapter 774 of the Export Administration Regulation (EAR)  contained in the Federal  Register, which is titled the Commerce Control List (CCL)  whose classification numbers, called the Export Control Classification Number (ECCN)  are encoded on the same principle as that of the European list of dual-use goods, c 'ie Annex I to Regulation No 428/2009 modified:

    But these articles and paragraphs from the lists published by multilateral control regimes, the US called add headings:

    • EAR99  for various safety reasons, including the fight against terrorism;
    • 9x500 Series and "600 series"  in place since the Export Control Reform (ECR) of 24 May 2013  with regard to the components and the space vaiseaux satellites not included in the military list (SULM) regulatory ITAR  Relative to the US war material.

    These three lists added to the lists of multilateral regimes against weapons of mass destruction correspond to the goods produced in the US for which américaise export license is required for a variety of reasons depending on the country of destination or the recipient.

    These lists, yet complete enough as regards the strategic nature of the subject property are not exhaustive and do not prevent the application of the  "catch-all clause"  for goods suspected of malicious destination.

     

    The Electronic Code of Federal Regulations (eCFR)

     

     

     

     

    The Commerce Control List (CCL)

     

     

    US sanctions apply worldwide for violations of the Export Administration Regulation (EAR), ie if the Bureau of Industry and Security (BIS) has knowledge of exports or trading procedures without US license, concerning US-origin goods under control.

    These sanctions are very severe if these offenses are committed by affiliates of US companies outside the US, or if they are the subject of financial transactions carried out in dollars from US banks. Any turpitude of this kind, made in the US or elsewhere in the world may be subject to both criminal and administrative penalties, and registration of the person or the company concerned on a public blacklist called "denial person privileges", creating him a bad reputation for its commercial business. 

    This can also lead to a complaint in US courts involving financial or criminal sanctions; or a denunciation through diplomatic channels, with a view to prosecution accordance with the national regulations in force in the country concerned on dual-use goods and goods subject to embargo.

    The Militarily Control Technology list (MCTL)

     

    US control services feature Militarily Control Technologies list (MCTL) consisting of thousands of pages of technical explanations, which was published and updated on the internet until 2012 by the Defense Technical Information Center (DTIC), but which is now confidential.

    The MCTL allow exporters to understand the EAR and ITAR regulations and US to accept as "catch-all clause" when it was imposed.  It consisted of three parts entitled:

    • Part I,   " Weapons Systems Technologies
    • Part II,   "Weapons of Mass Destruction Technologies".
    • Part III, "Developing Critical Technologies"

    Member countries of the control services of the European Union no longer have their diposition this means of interpretation of strategic

     

     

     

      Service Offering

     

     

    Albert Castel, expert in industrial products controlled by the customs administration, offers manufacturers concerned by the dual-use goods named un french "Biens Double Usage" or "BDU" to indicate indication indication indication explanatory memorandum in year year egarding industrial product or technology subject to export control, time:

    • BDU code and the wording of paragraph of list BDU to the property, or one of the lists of goods subject to restrictive export to destinations Measures to Iran, Syria, North Korea ... etc;
    • the code and the wording of the Combined Nomenclature of the property in issue;
    • a detailed explanation of the kind of the goods and civil icts wears gold Possibly military.

    If, however, it turns out que la property in issue has no stategic character, independent consultant (expert BDU) is connectable to provide to the company in a detailed report explaining que le goods Examined is free at export. Also, if this is the box, it can attest that this commodity is not susceptible to malicious use allowing the Ministry for Industry to its export ban under paragraph 4 (1) Regulation No 428/2009 as amended (known provision "catch-all clause").

    Also, for expertise from Albert Castel strategy alleged was good, thank you to please visit his website http://www.technidouanes.com and  him touch by email at: albert.castel@technidouanes com or by phone or SMS at 33 ( 0) 6 60 63 05 07.

    As a partner of the consulting company AltaPrisma Albert Castel provides training organized by this company is the interpretation of the list are dual-use items and lists of goods subject to restrictive measures towards Iran, North Korea, Syria ... etc. This expert offers practical case studies of various commodities in thesis ranking lists of controlled items; and classification of goods in the Combined Nomenclature thesis of the Common Customs Tariff.

    For professional training on the BDU and Performed by Albert Castel, thank you kindly Contact ALTAPRISMA: g.radu@altaprisma.com   Tel: 00 33 (0) 1 77 85 67 26.

     

     

 


 Ce site est protégé par copyright déposé en France et au Canada en avril 2010.

 

 Mise à jour : Décembre 2015  

 

© Albert Castel  Avril 2010 -  Reproduction interdite