The Destination Control Statement is a legal statement required by the Bureau of Industry and Security (BIS) in the Export Administration Regulations (EAR) stating that the goods you are exporting are destined to the country indicated in all the shipping documents. It is a necessary legal boundary clarifying what happens to shipments, and it essentially states that the buyer isn’t going to take the goods and forward them to another country.
A Destination Control Statement is required on invoices, bills of lading, air waybills, and any other export control document that accompanies the merchandise from the U.S. to its ultimate destination abroad.
How will I know if my export requires a Destination Control Statement?
According to BIS, all exported items listed on the Commerce Control List that are not classified as EAR99 require a Destination Control Statement. Exceptions to the Destination Control Statement are listed in Part 758.6 of the EAR, and you can contact the U.S. Department of Commerce, an attorney, or your freight forwarder to learn more.
While it’s not a requirement for all transactions, including a Destination Control Statement on every transaction is a good precaution in order to protect yourself in the event that merchandise you sold to a domestic purchaser is unexpectedly exported from the United States. The Destination Control Statement must include the following statements at absolute minimum:
These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. (U.S. Department of Commerce)
(Goods that fall under the International Traffic in Arms Regulations (ITAR) have different requirements and should use a different destination control statement. See revised section 123.9(b) of the ITAR for more information.)
A Hypothetical Example:
Imagine you’re exporting controlled goods to the UAE. From there, without your knowledge, the goods are forwarded to Iran. There are no restrictions between those countries, and the Iranian company has a division in the UAE. In this case, you are breaking the law (whether you mean to or not).
It’s up to you to do your due diligence so a situation like this doesn’t occur. If a buyer is telling you they won’t transfer, but you have reason to believe the goods will get forwarded, you have to act accordingly.
Be aware of compliance regulations.
Familiarize yourself with laws and regulations that may impact your area of exporting.
Know your customers.
Know what penalties you face for breaking the law.
What happens if you don’t include a Destination Control Statement when required?
Quite simply, you’re breaking the law. You could face civil and criminal fines and penalties, including denial of export privileges, exclusion from practice, and even jail time. It’s not worth it to risk it, especially when it’s relatively simple to get help with your exports.
For more information:
Help with domestic use of the Destination Control Statement.
Relevant videos: Export Compliance Introduction and Exporting Commercial Items: ECCNs and EAR99.
Call the U.S. Commercial Service’s Trade Information Center to learn more about restricted or prohibited exports at (800) USA-TRADE or visit their website to find offices near you.
Product Model | Inside Diameter | Outside Diameter | Thickness |
PCM182020B bearing | 18 | 20 | 20 |
PCM182015E bearing | 18 | 20 | 15 |