How do I know if I need to get an export 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 of those exports and reexports subject to BIS' 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? Export control guidance is available at: http://www.bis.doc.gov/Licensing/exportingbasics.htm.

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 is at: http://www.bis.doc.gov/Licensing/facts2.htm, or if questions remain, please call the Newark Export Assistance Center at 973-645-4682.

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