What is the Antidiversion Clause and where should it appear?
help ensure that U.S. exports go only to legally authorized
destinations, the U.S. government requires a destination control
statement on shipping documents. 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
approved for export only to certain destinations 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.
exports of recycled plastics, metal and paper to China are
taking a beating because China’s new administration is cracking
down on the importation of adulterated scrap products.