• Joseph O'Donnell

What is an Anti-Diversion Clause?

Updated: Sep 4, 2020

An anti-diversion clause is a requirement listed in the Export Administration Regulations (EAR). The EAR is administered by the U.S. Bureau of Industry and Security and can be found on their website.

U.S. regulation mandates that a commercial invoice must include a Destination Control Statement (DCS) for goods being exported from the U.S. The DCS confirms that the destination listed on the invoice is where the goods are to be shipped and prohibits the diversion of those goods to another location.

Penalties can be issued if a commercial invoice for exports does not include an anti-diversion clause. To learn more about anti-diversion clauses you can visit export.gov.

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