How to Request a Commodity Jurisdiction (CJ)

Sometimes it is difficult to determine if an item is under the jurisdiction of ITAR or EAR. For example I had a professor who wanted to ship multi-junction solar cells to a foreign country. When I researched the regulations I found that the ITAR stated in Category XV that single, dual, or triple junction solar cells were under the EAR. However, these solar cells would have four or five junctions. So are the cells under ITAR or EAR? There is no definitive answer so I had to either request a commodity classification from BIS or request a commodity jurisdiction (CJ) with the Department of State. Since the research was funded by the Air Force and may have military applications, the logical choice was the CJ. Collecting all the information for a CJ is a feat in itself since the process is designed for manufacturers and not research institutions. Below are the requirements for submitting a CJ request. The best advice I can give you if you have to do one of these is to allow plenty of lead time. It takes the DDTC about 90 days to process and issue a CJ determination.

The purpose of a commodity jurisdiction (CJ) request is to determine whether an item or service is covered by the U.S. Munitions List (USML) and therefore subject to ITAR export controls. If after reviewing the USML and other relevant parts of the ITAR, in particular ITAR §120.3 and §120.4, you are unsure of the export jurisdiction of an item or service, you should request a CJ determination. A CJ is not a license or approval to export. If you want to export your item or perform services while the CJ determination is in the review process, you must be registered and obtain the appropriate approval from DDTC prior to export.

CJ Process:
A CJ request should be submitted to DDTC in the form of a letter and supporting documents (1 original and 8 copies). To avoid your request being Returned Without Action (RWA) and to prevent delays in the interagency coordination process, you need to provide in your submission all the information requested. This information must be provided in nine complete sets.

Preparing a CJ Package: Use the following guidelines in preparing the CJ letter and supporting documentation.
1. Subject Line – On the subject line, identify the letter as a “Commodity Jurisdiction Request for [state the item and/or service].” Be as specific as possible in identifying the item (including the name of the item, the manufacturer, the model and/or part numbers) and/or service. If you are registered with DDTC as a manufacturer and/or exporter of defense articles or defense services, include your DDTC Applicant Code below the subject line.

2. Description – State what the item is, what it is a component of, what it does, how it works, and any other information that explains the item.

3. Origin of Commodity – State what the item was originally designed for and why the item was developed. State whether the item was developed, designed or modified specifically for military use, for commercial use, or both military and commercial use. Give examples of the uses for which it was developed, designed or modified. State whether or not the item was developed for any U.S. Government agency or with any U.S. Government funding. If funded by the U.S. Government, identify the agency that provided the funding and the type of funding that was provided. A brief product history is essential.

4. Current Use – Describe all current uses of the item and state whether or not the uses have changed significantly over time. Include only what the item “is used for,” rather than what it “can be used for.”

5. Special Characteristics – State any military standards or military specifications that the item is designed to meet. Be sure to specify the distinct differences between the product after it was modified or adapted for a military application and the original commercial product before changes were made.

6. Other information and attachments – Provide any other relevant information in the letter that would be helpful in making a jurisdictional determination. Include any brochure, specification sheet, marketing literature, technical data, or any other document that will assist in the determination.