FAQs

How do I know if I need to get a license from the Department of Commerce?

The Department of Commerce, Bureau of Industry and Security (BIS) is the primary licensing agency for dual use exports (commercial items which could have military applications). Other departments and agencies have regulatory jurisdiction over certain types of exports and re-exports. For example, the State Department licenses the export defense articles and the Nuclear Regulatory Commission licenses services, while certain nuclear materials and equipment. Of those exports and re-exports subject to the Export Administration Regulations (EAR), a relatively small percentage requires the submission of a license application to the Department of Commerce. License requirements are dependent upon items technical characteristics, the destination, the end-use, and the end-user, and other activities of the end-user. You will need the following five facts to determine your obligations under the EAR: What is the item you intend to export or re-export; Where is it going; Who will receive it; What will they do with it; and, What other activities are they involved in? The first step in determining your license requirements under the EAR is to classify your product against the Commerce Control List (CCL). Click here for more information on Commodity Classifications.

REG FAQ #0019