Export Compliance?

General topics
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Am reading docs relating to IndieGoGo (Terms of Use, etc,) and something got me thinking and researching. It is 16. Export Compliance (https://www.indiegogo.com/en/terms/general).

There it provides “pursuant to 15 C.F.R. § 758.6(a)(1), you are hereby advised that for any items that are physically shipped to you, the 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) herein identified.“

A government “controls” an item shipped…”controlled” and ”authorized…”

I understand that trade is regulated by laws and that the two words may each have a legal connotation and can be legally defined, but does this mean to get your name listed, for example, on something they maintain and/or trackable, by making a pledge on a physically shippable item on the platform (IGG) and getting it shipped? Does not this kinda crack, if not defeat, the purpose of obtaining a privacy-friendly phone? ( 15 CFR § 758.6 - Destination control statement and other information furnished to consignees. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute )

I am not a legal profession, but just a wonderer; I wonder if this constitutes a concern to anybody, and if it does and if someone is clear about the stipulations, I appreciate a clarification.

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@d3dark26moons I’m not an expert either but I think this is a CYA move by Indiegogo.

The rule (15 CFR § 758.6) essentially says that items on the CCL (Commerce Control List - controlled and requiring a license to export) must have this statement on the invoice. Standard verbiage for those items.

Many (I’d say MOST) end-user items do not have reasons for control. The country of import may but unlikely for a smartphone. The purpose of the statement is to let recipients of controlled items know that it was exported to you for a particular purpose, not to be re-exported (transshipped), resold, etc. This is because the US government restricts certain items from certain countries for all kinds of reasons. What they really control are items that are in short supply, nuclear, biologics, super high tech, military equipment, firearms and ammo, poisons, etc. THEN they might track you.

I really don’t think Indiegogo even complies with the regulation. Their placement of this statement is not on the invoice. Dumb or CYA-move. And is Indiegogo the actual exporter? I think not.

Besides, who is selling stuff on Indiegogo that falls on the Commerce Control List? It would be required if it fell into one of these reasons for control: National Security, Missile Technology, Nuclear Nonproliferation, Chemical and Biological, Firearms “Spacecraft” and related NS commodities, Munitions List, Plurilateral National Security and Regional Stability, Crime Control, Short Supply, Anti-terrorism, UN Sanctioned, Encryption Items, &/or Surreptitious Listening. That is the list of “all possible Reasons for Control”.

That’s my reading of 15 CFR § 738.2 - Commerce Control List (CCL) structure. And this verbatim statement is detailed as required (§ 758.6) “whenever items on the Commerce Control List are shipped”.

You’re fine.

They say everyone in the USA breaks three statutes/regulations every day. Too many.

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have you ever read the agreement you have singed for opening your bank account and the way amendments are enforced ?

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IndieGoGo has no say in import or export whatsoever. It’s exactly as @grumpy mentioned - a CYA term.

In reality, packages have an airway bill with information about the recipient (same information you’d provide when completing an order). How and why those are processed by US customs - we don’t know. But the item itself, is identified with an HS code and origin (e.g. Smartphone, China).

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Years ago I worked. In World Wide Command, Control and Communications Systems with the military. I read a lot of Intel…Bill Clinton authorized sale of hi end Apple servers to China.(stupidly greedy 3rd worst president) The Chinese daisy chained a few together to crunch the numbers to build atomic weapons. That’s why some items are restricted for sale outside the U.S. If someone tried to be a middle man and resell to an enemy he may be in violation of U. S. law. It would have to be a lot of Brax3 phones to raise eye brows. I said that to say this…Don’t sweat it, the phone is yours when you get it :upside_down_face:

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@grumpy @plamen Thanks for your replies.

That would mostly go over my head, but I’m kind of a person who doesn’t like to defer to the “you got nothing to hide, you are fine“ lightly uttered rhetoric when deciding or researching on something: somehow my brain demands specification. So the way you put the clarification was much appreciated. And I admire your kindness to share your knowledge/informative reading of the regulation.

If I read your replies correctly, it is unlikely that a smartphone fall on the Commerce Control List, and it is unknown how the U.S. Customs processes the recipient information, and IGG needs to have the statement attached on their Terms of Use webpage as required by law.

The second was to my point. I’m glad that I got replies. Also I learned CYA move (not See YA!).

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