U. S. Bureau of Industry and Security

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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 reexports. For example, the State Department licenses the export defense articles and services, while certain nuclear materials and equipment are licensed by the Nuclear Regulatory Commission.

Of those exports and reexports subject to the Export Administration Regulations (EAR), a relatively small percentage require the submission of a license application to the Department of Commerce. License requirements are dependent upon an item's 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 reexport; 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 by determining its Export Control Classification Number (ECCN) on the Commerce Control List (CCL). More information on Commodity Classifications.

For assistance in determining which U.S. Government agency has licensing jurisdiction over your export see Commodity Jurisdictions.

Use the BIS Program Office page for help with determining what your obligations are under the EAR.

More licensing facts:

What is a Commodity Classification, When Do I Need One and How Do I Get One?

What is a Commodity Jurisdiction Request? When and How Do I Submit One?

BIS Forms and How to Order Them

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