An antidiversion clause, now formally known as a Destination Control Statement (DCS), is a legal declaration required on shipping documents to ensure exported goods from the United States reach the intended recipient and are not diverted to an unauthorized destination or end-user.
This statement is a mandatory component of U.S. export control policy, enforced by the Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR). Its purpose is to notify all parties in the supply chain (including the carrier, forwarder, and consignee) that the items are subject to U.S. export laws and cannot be re-exported or transferred contrary to those laws.
This is critical for controlling dual-use items, or goods that have both commercial and potential military applications.
Requirements and Usage
The EAR mandates that the Destination Control Statement be placed on the commercial invoice and bill of lading (or air waybill) for nearly all exports from the U.S. that are subject to the EAR (i.e., not classified as EAR99 and destined for a country other than Canada).
As specified in EAR § 758.6, the standard U.S. Destination Control Statement is:
“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.”
The U.S. exporter is legally responsible for including this clause. Its presence serves as a clear warning that the goods’ movement is regulated by the U.S. government, even after they have left U.S. territory. Failure to include the DCS when required is a violation of U.S. export regulations.