Antidiversion-ClauseAntidiversion Clause
To help ensure that U.S. exports go only to legally authorized destinations, BIS generally requires a Destination Control Statement (DCS) on shipping documents. The DCS must be entered for items subject to the EAR, except for items designated EAR99 or that are eligible for certain license exceptions. The commercial invoice and bill of lading (or air waybill) for nearly all commercial shipments leaving the United States must display a statement notifying the carrier and all foreign parties (the ultimate and intermediate consignees and purchaser) that the U.S. material has been exported pursuant to the EAR and may not be diverted. The minimum antidiversion statement for goods exported under U.S. Department of Commerce authority says, “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.”
Exceptions to the use of the destination control statement are listed in Part 758.6 of the EAR. Advice on the appropriate statement to use can be provided by the U.S. Department of Commerce, an attorney, or the freight forwarder.
Exceptions to the use of the destination control statement are listed in Part 758.6 of the EAR. Advice on the appropriate statement to use can be provided by the U.S. Department of Commerce, an attorney, or the freight forwarder.