The United States imposes export controls to protect national security interests and promote foreign policy objectives related to dual-use items and less-sensitive military items through the Export Administration Regulations (EAR) (15 CFR Parts 730 – 774). The Bureau of Industry and Security (BIS) is responsible for regulating, implementing, and enforcing export controls for such dual-use items and less sensitive military items. Within BIS, Export Administration (EA) is responsible for processing license applications, counseling exporters, and drafting and publishing changes to the EAR; and Export Enforcement (EE) is responsible for compliance monitoring and enforcement of the EAR. BIS works closely with U.S. embassies, foreign governments, industry, and trade associations to ensure that the export, reexport and transfer (in-country) of items subject to the EAR is accomplished in compliance with the regulations.
BIS officials conduct site visits, known as End-Use Checks (EUCs), globally with end-users, consignees, and/or other parties related to transactions involving items subject to the EAR and shipped under a license or another form of BIS authorization to verify compliance with the EAR and the conditions of the license or authorization. An EUC is an on-site verification of a non-U.S. party to a transaction to determine whether the party is a reliable recipient of items subject to the EAR. EUCs are conducted as part of BIS’s licensing process, as well as its compliance program, to determine if items were exported in accordance with a valid BIS authorization or otherwise consistent with the EAR. Specifically, an EUC verifies the bona fides of transactions subject to the EAR, including confirming the legitimacy and reliability of the end use and end user; monitoring compliance with license conditions; and ensuring items are exported, reexported or transferred (in-country) in accordance with the EAR. These checks might be completed prior to the export of items pursuant to a BIS export license in the form of a Pre-License Check (PLC) or following an export during a Post-Shipment Verification (PSV), regardless of whether a BIS license is required.
BIS officials rely on EUCs to safeguard items subject to the EAR from diversion to unauthorized end uses/users and destinations. The verification of a foreign party’s reliability facilitates future trade, including during BIS license reviews. If BIS is unable to verify the reliability of the company or is prevented from accomplishing an EUC, the company may receive, for example, more regulatory scrutiny during license application reviews or be designated on BIS’s Unverified List or Entity List, as applicable.
Guidance and Training
BIS has developed a list of “red flags”, or warning signs, and compiled “Know Your Customer” guidance intended to aid exporters in identifying possible violations of the EAR. Both resources are publicly available, and their dissemination to industry members is highly encouraged to help promote EAR compliance.
BIS also provides a variety of training sessions for exporters throughout the year. These sessions range from one to two-day seminars that focus on the basics of exporting to coverage of more advanced, industry specific topics. Interested parties can check a list of upcoming seminars and webinars or reference BIS’s online training site. BIS’s Export Control Officers (ECOs) located at U.S. embassies and consulates in seven overseas locations also conduct outreach to raise awareness of reexport and transfer (in-country) requirements with foreign business communities.
Commerce Control List
The EAR regulates transactions involving the export, reexport, or transfer (in-country) of “dual-use” and less sensitive military items (commodities, software, and technology) as well as certain U.S. person activities. Items subject to BIS’s jurisdiction include items found on the Commerce Control List (supplement no. 1 to part 774 of the EAR) (CCL); items on the CCL are listed under individual entry by Export Control Classification Number (ECCN). The EAR also regulates items designated as ‘EAR99’ (a broad basket category of items generally consisting of low-technology consumer goods not listed under an ECCN on the CCL but subject to BIS’s jurisdiction). For advice and regulatory requirements on items under the export control jurisdiction of other U.S. Government agencies, exporters should consult other U.S. Government agencies. For example, the U.S. Department of State’s Directorate of Defense Trade Controls has authority over the defense articles and defense services that are not subject to the EAR. A list of other agencies involved in export controls can be found on the BIS website and in Supplement No. 3 to Part 730 of the EAR.
Consolidated Screening List
The Consolidated Screening List (CSL), available on the International Trade Administration’s Trade.gov website, is a list of parties for which the United States Government maintains restrictions or prohibitions on certain exports, reexports or transfers of items. The CSL consolidates eleven export screening lists implemented by the Departments of Commerce, State, and the Treasury into a single data feed as an aid to industry in conducting electronic screening of parties to regulated transactions. Exporters should determine the export requirements specific to their proposed transaction by classifying their items prior to export and reviewing the EAR’s requirements specific to the item(s) and the proposed end use and end user, as well as consulting the CSL to determine if any parties to the transaction may be subject to specific license requirements.
Assistance is available from BIS by calling one of the following numbers:
Turkey participates in all four multilateral export control regimes (i.e., the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, and the Wassenaar Arrangement). All items listed by those regimes are subject to export control in Turkey.
According to legislation, the export of military items is subject to the permission of the Ministry of Defense; the export of dual-use items is subject to the permission of the Ministry of Trade; and the export of nuclear and nuclear dual-use items is subject to the permission of the Turkish Atomic Energy Institution.
Under the Communiqué on the Export Control of dual-use Goods and Sensitive Goods, the export of goods and technologies listed in (i) the Wassenaar Arrangement Lists of Dual-Use goods and Technologies and (ii) the Australia Group Chemical Weapons Precursors List are subject to the control of the General Directorate of Export of the Undersecretariat of Foreign Trade (‘UFT’) under the Ministry of Trade. However, the exporter must first apply to the General Secretariat of the Istanbul Mine and Metal Exporter Unions (‘MMEU’) providing the end-use certificate obtained from the importer (end-user) and other documents demonstrating the technical features and fields of use of the particular good.
MMEU, like other exporters’ unions, is responsible for the implementation of the general export policy under the auspices of the Ministry of Trade. All exporters are required to be a member of an exporters union in order to be able to export goods or material.
Additionally, any dual-use item transferred to a free-trade zone in Turkey requires an entrance certificate.
Goods that are sent to a Free Zone from Turkey are treated according to the Foreign Trade Regime and are considered exported. The Foreign Trade Regime does not apply to transactions between Free Zones and other countries or transactions among Free Zones. Goods and services may freely be sent from a zone to any destination outside Turkey. Goods may be sent abroad or to Turkey for further processing. Goods departing Turkey and costing under $5.000, or its equivalent in Turkish Liras, per shipment brought into the zone by the Zone Directorate, or by the Operator/Z.F.O. or a user with permission from the Zone Directorate, may, upon request, be exempt from export procedures. Free Zones are deemed to be outside of the Turkish Customs Territory. For goods exported from the Zone, origin and status documents are issued and approved by the foreseen legal authorities according to Customs Legislation and the provisions of international agreements. These documents are granted visas by the Free Zone Customs Directorate.
Imported Goods and Transit/Trans-shipped Goods Haulage:
Article 31- Goods forwarded to Turkey from a zone are subject to the Foreign Trade Regime and are considered imported under this regime. The Foreign Trade Regime is not applicable to transactions between a zone and other countries or to transactions among zones. The entry into and exit from a zone of transit/trans-shipped goods are subject to the permission of the Zone Directorate.
Goods Prohibited in the Zone or Goods Requiring Special Arrangement/Construction: Article 32 - (Amended, Official Gazette Nr. 24355 and dated 27.03.2001) (Amended, Official Gazette Nr. 27560 and dated 22.04.2010). The entry of firearms and their ammunition, radioactive substances, dangerous and toxic waste, and other goods specified by the Undersecretariat to the zones is prohibited. Inflammables, explosives, combustibles, fire-inducing substances, or materials which are dangerous to other substances when put together can only be brought into the Zones on the condition there is a special arrangement or construction serving for that purpose in that Zone. The movement into and out of the Zone of narcotic substances, psychotropic substances, and related chemical substances as well as their preparations is subject to the provisions of national and international laws carried out by the Ministry of Health.
Exporters must comply with all export control procedures when exporting dual-use items from free trade zones in Turkey. For more information view Turkish Export Control Laws.
BIS Counseling Desks:
- (202) 482-4811 - Outreach and Educational Services Division (located in Washington, DC – open Monday-Friday, 8:30 am-5:00 pm ET);
- (949) 660-0144 - Western Regional Office (located in Irvine, CA – open Monday-Friday, 8:00 am-5:00 pm PT);
- (408) 998-8806 - Northern California branch (located in San Jose, CA – open Monday-Friday, 8:00 am-5:00 pm PT); or
- E-mail your inquiry to the Export Counseling Division of the Office of Exporter Services
BIS Export Control Office in Turkey
- Tel: (90) 212-335-9049
- Tel: (90) 212-335-9372