U.S. Export Control Reform
1. What is the U.S. Export Control reform in a few words?
Since October 2013 a reform of the military classification has taken place reassessing if certain articles or technical data can be re-classified as dual-use and therefore controlled by the EAR.
It implies changes in U.S. (re-)export Licenses and could affect re-exporting business activities of Airbus legal entities throughout the supply chain.
Items impacted by the re-classification reform need to be identified in a timely manner. An update and an analysis on the re-export status are required to ensure the Export Compliance. Further information on the export control reform in the U.S. can be found at https://www.bis.doc.gov/index.php/2012-03-30-17-54-11 with further information such as links to brochures, training material, “decision-tree-tools” etc.
2. Why have I been contacted?
According to our contractual relationship you are obliged to furnish information “… in the event of a change in Export Regulations or an envisaged change of the classification by a Government. …” This letter is sent to all suppliers of Airbus DS that are potentially impacted by the U.S. Export Control reform.
3. Am I affected by the reform?
You should check your portfolio of goods, technology and software controlled under US ITAR and US EAR, if their Export Control Classification Numbers are still correct. In cases of doubt, please consult a specialised lawyer or the U.S. authorities. Airbus DS needs to know whether the classification data delivered to us regarding U.S. Re-Export Laws are still up to date.
• If your items are not affected by the reform, please inform Airbus DS.
• If any components have a new classification, please fill out the Export Control Classification Declaration (ECCD FORM-2) below and send it back to ECCDemail@example.com
4. How should I inform Airbus DS if I am not affected by the reform?
We kindly ask you to send a letter or an e-mail to your Procurement focal point mentioning that your deliveries to Airbus DS are not classified.
5. Which deliveries are affected by this reform?
It concerns all previous delivered items to one of the former or recent entities associated to Airbus DS:
• Airbus Defence and Space SAS
• Airbus DS SAS
• Airbus Defence and Space SA
• Airbus Defence and Space Ltd.
• Airbus DS Ltd.
• Airbus Defence and Space GmbH
• Airbus DS GmbH
• Airbus Defence and Space Oy
• Airbus Defence and Space Netherlands B.V.
• Airbus DS Optronics GmbH
• Astrium Services AS
• Airbus DS Holdings BV
• Cassidian Communications GmbH
6. How to fill out the Export Control Classification Declaration (FORM-2)?
Guidance for Completion of the Export Control Classification Declaration can be found at the end of FORM-2 or at our website http://www.airbusgroup.com/int/en/group-vision/for-suppliers.html
Should you require any further assistance in filling out FORM-2, please contact your procurement focal point.
7. Who is my procurement focal point at Airbus DS for the U.S. Export Control reform?
Your procurement focal point is indicated in the address field of the letter.
8. I have been contacted by more than one Airbus DS representative related to the U.S. reform. Who is my focal point?
Airbus DS is centrally managing this communication. However due to the number of sites and organizations, you may be contacted by more than one representative. Please inform Airbus DS by forwarding your latest reply to the Airbus DS procurement focal points who contacted you.
9. Until when the Export Control Classification Declaration (FORM-2) has to be delivered?
The updated FORM-2 has to be sent as soon as possible, latest as referred to in the letter.
10. What documents do I have to send back to Airbus DS?
You have to send back the filled FORM-2 twice, once as an Excel-file and once signed and stamped as Airbus DS is obliged to record this information.
You may attach documents and statements from your dialogue with U.S. authorities or U.S. partners such as Commodity Classification Request or Commodity Jurisdiction Request (CJ).