Export Control Information Request

Below is the text of an email sent to Nadcap suppliers on June 23, 2008 which establishes the “final definition of “EC-LR/Restricted” and the suppliers form to report such materials & articles to PRI.

PRI is continually working to assure that the Nadcap process delivers the highest value to the industry while adhering to all Export Control laws and regulations.

It is important for the process to secure appropriate and required licenses (for auditors and PRI Staff) so the audit can include all aerospace materials, parts, and technologies at the supplier.

In order to be able to secure the appropriate licenses, PRI needs information on the parts, materials, and technologies present at the supplier.

To that end, a four-tab form has been devised and suppliers are asked to complete it when applying for an audit.  Suppliers need to list on the appropriate tab on the form – any parts, materials, or technologies which are “EC-LR/Restricted.”

Definition

“EC-LR/Restricted” is defined as: All Defense Articles and Technical Data controlled by the ITAR; any foreign origin Defense Articles and Technical Data that would be controlled by the ITAR if of U.S. origin; any dual-use or civil items or Technology controlled by the EAR under any ECCN except EAR99; and includes any foreign origin dual-use or civil items or Technology that would be controlled by the EAR under any ECCN except EAR99 if of U.S. origin. 

NOTE: this definition has slightly changed since the last version –please read carefully.

Action Required

When suppliers have determined that they have any material, parts or technologies which fall under the EC-LR/Restricted definition, they are to complete the applicable tab on the appropriate form and send it to PRI Scheduling. 

PRI will use the data to secure licenses for Nadcap auditors if the part is ITAR controlled, although it may also be necessary for the supplier to obtain retransfer authorization from the US State Department. 

If the materials are EAR, PRI will use the data to secure licenses for Nadcap auditors as required based on the ECCN, although it may also be necessary for the supplier to obtain a "re-export" authorization in connection with the use of a Restricted Auditor for the audit. 

PRI will work with you to provide information as to the auditors’ nationality which is needed to make the EAR determination.

It is important to note that suppliers need to list all materials, parts, and technologies which they have in their facilities which meet the definition.  Much of this material will require licensing from the appropriate Governmental agency to allow the parts to be included in the Nadcap audit. Typical exceptions will be when the part is classified as EAR99 or when we use a US/green card auditor (Unrestricted) at a US supplier.

If the part is not listed but a license is required, it is the supplier’s responsibility to assure that the parts will be excluded from any Nadcap audits until a license is secured.  NOTE:  it is the responsibility of the supplier and their customer(s) to correctly identify any parts, materials, or technologies which fall under the definition of EC-LR/Restricted.

The licensing process is relatively long, so these materials which need licensing need to be identified as early in the process as possible to preclude delays and to get the Nadcap audits competed on time.

Access further information about EC-LR as it relates to Nadcap including the form detailed above for reporting "EC-LR restricted" information to PRI