An export license, issued by the U.S. government, is required to transfer of technology, software, and equipment to non-U.S. persons.  As part of an export license, the government attaches riders and conditions that all parties to the license must satisfy.  An Internal Control Plan (ICP) communicates how the requesting company and other parties to a license intend to comply with the requirements of the export license.  An ICP will be developed for each company for each new or updated export license.

The process of implementing an export license begins after submittal of a Letter of Explanation for an export license to the U.S. Government with supporting documentation.  The approved license must be included in the Internal Control Plan (ICP) along with a description on how the stipulations will be met.

The GR&L office informs the requesting Company that an export license application has been submitted to the U.S. government.  The Company then informs the business community and partners that an export license application has been submitted.

The U.S. government will send the draft riders and condition for licensing to the requesting Company allowing 48 hours to assess the riders and conditions with a response.  All parties affected by the license should review the government’s proposed constraints.

The U.S. government will review the response to the proposed riders and conditions received.  Finalize and send the notification that the license is completed and send the final license language.

Apprise all parties interested in the export license when the completed license is received. When the export license is approved by the U.S. government it will contain specific riders and conditions and how the Company will comply with these limitations.

Ensure the ICP is reviewed, approved and signed by the management. After obtaining all necessary signatures, the ICP is filled with supporting documents for the export license.

The specific content of export license must be understood by each person involved with the export items controlled by the license. Partners will review the details of the ICP to ensure that the content of the license is fully understood.

Partner will confirm they are identified on an export license and are aware of the details within the license and how the ICP that articulates parties to the license will comply with the requirements of the license.

Upon receipt of the notification the partners in a license received the export license and ICP the Company will make a copy of this acknowledgment. Keep the copy for records and send copy to the U.S. government including receipt of the notification of the partners review acknowledgement and supporting documentation

The Company export compliance program has the authority to determine when ICP is complete. When satisfied all obligations are met, then advise the working community and all partners interested in or required to use that the export license the ICP is complete.

Author: Global Compliance Consulting

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