This Decision Tree will guide you through the process of determining if items or technology to be exported are eligible for export using the Strategic Trade Authorization (STA) as the authorization for the export. This document is a companion to Torres Law Practice Guide The STA License Exception available in the Mondaq Advice Centre.

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Attachment A: STA Limitations on "500" or "600 Series" Items

1. Does the applicable "600 Series" ECCN specifically identify that it is STA ineligible? (See also BIS 600 Series)

  • If yes, STA cannot be used.
  • If no, proceed to question 2.

2. Is the "600 Series" item(s) "600 Series Major Defense Equipment" and the value of such item(s) in the contract requiring their export exceed $25,000,000?

  • If yes, STA cannot be used.
  • If no, proceed to question 3.

3. Do any of the following "500" or "600 Series" ECCNs apply to the end item to be exported? ECCN 0A606.a, ECCN 8A609.a, ECCNs 8A620.a or .b, "spacecraft" in ECCNs 9A515.a.1, .a.2, .a.3, .a.4, or .g, 9A610.a, or technology ECCNs 9E515.b, .d, .e, or .f.

  • If yes, proceed to question 3(b).
  • If no, proceed to question 4.

3(b): Has the company obtained prior approval from BIS to export the items under STA under the procedures set out in § 740.20(g)?

  • If yes, proceed to question 4.
  • If no, STA cannot be used until approval from BIS obtained.

4. Is the "600 Series" ECCN subject to reason for control MT?

  • If yes, STA cannot be used.
  • If no, proceed to question 5.

5. Do any of the following "600 Series" ECCNs apply to the item to be exported? ECCNs 9D610.b, 9D619.b, 9E610.b, or 9E619.b or .c

  • If yes, STA cannot be used.
  • If no, proceed to question 6.

6. Is "600 Series" ECCN subject to control for multiple reasons (NS, CB, NP, RS, CC, SI), and we have verified that any purchaser, intermediate consignee, ultimate consignee, or end users have previously been approved on a license or other approval issued by BIS or DDTC (e.g., DDTC MLA, TAA, WDA, or General Correspondence approval)?

  • If yes, proceed to question 7.
  • If no, STA cannot be used.

7. Are the "600 Series" items to be exported pursuant to STA to persons in/nationals of the United States or Country Group A:5, and do at least one of the three requirements listed below apply?

  1. The ultimate end user is the armed forces, police, paramilitary, law enforcement, customs, correctional, fire, or a search and rescue agency of a government of one of the countries listed in Country Group A:5, or the U.S. Government; OR
  2. The export is for "development," "production," operation, installation, maintenance, repair, overhaul, or refurbishing of the item in one of the countries listed in Country Group A:5 or the U.S., and will be used by a government agency in such country or will be sent to a person in the U.S. and not for subsequent export under License Exception TMP (Temporary Imports, Exports and Reexports); OR
  3. The U.S. government has authorized the ultimate end use, the license or other such authorization is in effect, and the consignee verifies in writing that such authorization exists and has provided the license or other approval identifier to the exporter, reexporter or transferor (as applicable).
    • If yes, STA can be used.
    • If no, STA cannot be used.