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ListVUe™ Frequently Asked Questions (FAQs)
Q: What is ListVUe?
A: ListVUe is a web-based application that can greatly assist exporters in determining whether an item is subject to US Department of Commerce Export Administration Regulations ("EAR"). With ListVUe, the exporter no longer has to refer to multiple lists to make this determination.
Q: I just looked at the "EAR." Those are a lot of regulations! Where does one start?
A: At the basic level, the so-called "Ten General Prohibitions" detail what is not allowed under the EAR. For all other items, a determination will have to be made on a case-by-case basis and ListVUe makes search tasks much easier to perform.
Q: What kind of questions will ListVUe answer for me?
A: ListVUe makes no determination on its own. What it does is help the exporter think about and obtain answers to the following questions: 1.)What is your item? 2.)Where is it going? 3.)Who will receive it? 4.)What will the recipient do with it? and 5.)What else does the recipient do? Obtaining answers to these questions allows the exporter to make its own determination as to whether an item is eligible for export, ineligible for export, or eligible upon licensure from the proper regulatory agency.
Q: What exactly is meant by "export?" I thought I knew!
A: The term "export" is defined by the Bureau of Industry and Security as "an actual shipment or transmission of items out of the United States." Possibly of greater interest than the term "export" is the term "exporter," as this is the entity who will receive the penalties for failure to comply with the EAR. Under the EAR, the term "exporter" is defined as "the person in the United States who has the authority of a principal party in interest to determine and control the sending of items out of the United States." Under the EAR, the term "item" specifically refers to 'commodities, software, and technology.
Q: So as long as I don't actually ship a controlled item out of the US, I should be in the clear, right?
A: Not necessarily. Certain actions that you might not regard as an "export" in other contexts do constitute an export subject to the EAR. The release of technology to a foreign national in the United States through such means as demonstration or oral briefing is deemed an export. Other examples of exports under the EAR include the return of foreign equipment to its country of origin after repair in the United States, shipments from a U.S. foreign trade zone, and the electronic transmission of non-public data that will be received abroad.
Q: The EAR is pretty complex. What can ListVUe do to help me understand it?
A: ListVUe's ability to bring together myriad data from different government document sources can help exporters simplify an otherwise complex scenario. As exporters use ListVUe, they will gain greater knowledge about the EAR.
Q: Once I understand the EAR, that's about all there is to it, correct?
A: Actually, no. Other scenarios to consider include whether there will be any restriction on the publication of research findings and whether the item to be exported is of foreign origin but contains particular restricted U.S.-made components. U.S.-originated technology does not lose its U.S. origin when it is redrawn, used, consulted, or otherwise commingled abroad in any respect with other technologies of any other origin. Therefore, any subsequent or similar technical data prepared or engineered abroad for the design, construction, operation, or maintenance of any plant or equipment, or part thereof, which is based on or utilizes any U.S.-originated technology is subject to the EAR in the same manner as the original U.S.-originated technology.
Q: How often is ListVUe updated?
A: ListVUe is updated as often as changes are made to the relevant government lists. In the case of the denied persons and entity lists, updates are made daily. In the case of the EAR, updates are made as soon as notice is given by BIS that changes have been made to the EAR.
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