Under the Export Administration Regulations (regulated by the Bureau of Industry and Security) and the International Traffic in Arms Regulations (regulated by the Defense Trade Controls Agency), exports are legally required to state that the destination of the exported goods is the country on all shipping documents indicate. This declaration is called a Destination Control Declaration (DSC) and must be included in the commercial invoice as follows:
"These items are controlled by the U.S. government and are authorized for export to the country of final destination only for use by the end consignee or end user identified here. No person other than the unauthorized end consignee or end user may Or be incorporated into another article to resell, transfer, or otherwise dispose of it as approved by the U.S. government or authorized by U.S. laws and regulations.”
When Is the Destination Control Statement Required?
According to BIS, all exported items listed on the Commerce Control List that are not classified as EAR99 or are eligible for license exception BAG or GFT 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 new, harmonized Destination Control Statement must include the following statements at absolute minimum:
These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) identified herein. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations .
