Customer Notice – Updated Destination Control Statement

Posted on Nov 16

The Bureau of Industry and Security (BIS) and Department of State, Directorate of Defense Trade Controls, have worked together to harmonize the Destination Control Statement (DCS) that each agency requires. These DCS statements can be found in 15 CFR 758.6 and 22 CFR 123.9(b). The agencies have, on August 17, 2016, issued a final rule, which became effective on November 15, 2016. Both final rules are part of the President’s Export Control Reform Initiative. The new final rule amends the DCS to read as follows:”These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.”The destination control statement is required on the commercial invoice whenever items on the Commerce Control List are shipped (i.e., exported in tangible form), unless the shipment (i.e., the tangible export) may be made under License Exception BAG or GFT (see part 740 of the EAR) or the item is designated as EAR99.Further details may be required, depending on the items being exported:Additional information required: The ECCN(s) for any 9×515 or “600 series” “items” being shipped (i.e., exported in tangible form) must be shown.Click here to see the full text of the final rule.