Antidiversion Clause and Antiboycott regulations

Destination Control statements or antidiversion clauses can and do run from the very basic to very complex including signed end user certifications. The exporter’s products and distribution channels need to be considered as the driving factor as to the level of compliance required.

For instance the minimum antidiversion clause or statement that should be on the commercial invoice is: “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.”

If your goods are dual use, restricted, under commercial license or even if you have restricted distribution areas or you do not want reselling, additional provisions should be added and an international attorney can advise further based on your specific concerns and requirements. It may even be determined that you will require the customer overseas to sign an End User statement attesting that they understand they may not resell and they are the end user of your goods.

Although Destination control statements are no longer required for standard exports it is still our opinion that it is a good practices on all exports and must be present on license shipments.

The United States also has antiboycott regulations that US exporters are required to follow. The short explanation is the US has a policy of opposing restrictive trade practices that are imposed by foreign governments against countries that the US is friendly with.  An example would be the Arab-Israeli boycott.  The US government is friendly with Israel and does not sanction the trade restrictions. As a US exporter we cannot be a party to these restrictions.

Again, if you have concerns and questions please contact us and we can advise. It is a key part of export programs to work with a quality freight forwarder that can advise and direct you to additional sources of information so that you and your exporting/importing firms stay compliant with US regulations and requirements.

Posted in Uncategorized.

Leave a Reply

Your email address will not be published. Required fields are marked *