he 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 (15 CFR Parts 730 – 774). The Bureau of Industry and Security is responsible for regulating, implementing, and enforcing export controls for such dual-use items and less sensitive military items. Within the bureau, Export Administration is responsible for processing license applications, counselling exporters, and drafting and publishing changes to the regulations; and Export Enforcement is responsible for compliance monitoring and enforcement. The Bureau of Industry and Security 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 regulations, as well as specific activities of U.S. persons related to certain weapons of mass destruction and military-intelligence end uses and end users, is accomplished in compliance with the regulations.
The Bureau of Industry and Security officials conduct site visits, known as End-Use Checks, globally with end-users, consignees, and/or other parties related to transactions involving items subject to the Export Administration Regulations and shipped under a license, another form of Bureau of Industry and Security authorization, or as “no license required.” An End-Use Check is an on-site verification of a non-U.S. party to a transaction, conducted as part of the bureau’s licensing process as well as its compliance program, to determine whether the party is a reliable recipient of items subject to the Export Administration Regulations and follows the regulations and the conditions of a license or other authorization, if applicable. Specifically, an End-Use Check verifies the bona fides of transactions subject to the Export Administration Regulations, 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 regulations. These checks might be completed prior to the export of items pursuant to a Bureau of Industry and Security export license in the form of a Pre-License Check or following an export during a Post-Shipment Verification, regardless of whether a bureau license is required.
Bureau of Industry and Security officials rely on End-Use Checks to safeguard items subject to the Export Administration Regulations from diversion to unauthorized end uses/users and destinations. The verification of a foreign party’s reliability facilitates future trade, including during bureau license reviews. If the Bureau of Industry and Security is unable to verify the reliability of the company or is prevented from accomplishing an End-Use Check, the company may receive, for example, more regulatory scrutiny during license application reviews or be designated on the bureau’s Unverified List or Entity List, as applicable.
Guidance and Training
The Bureau of Industry and Security 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 Export Administration Regulations. Both resources are publicly available, and their dissemination to industry members is highly encouraged to help promote Export Administration Regulations compliance.
The Bureau of Industry and Security 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 covering more advanced, industry-specific topics. Interested parties can check a list of upcoming seminars and webinars or reference the online training site. Export Control Officers 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 Export Administration Regulations control transactions involving the export, reexport, or transfer (in-country) of “dual-use” commodities, software, and technology, collectively, “items” (i.e., those with both civilian and military applications) and less sensitive military items, as well as certain U.S. person activities. Items subject to the Bureau of Industry and Security’s jurisdiction include items listed on the Commerce Control List (supplement no. 1 to part 774 of the Export Administration Regulations); items on Commerce Control List are listed under individual entry by Export Control Classification Number. The regulations also regulate items designated as ‘EAR99’ (a broad basket category of items generally consisting of low-technology consumer goods not listed under an Export Control Classification Number on the Commerce Control List but subject to the Bureau of Industry and Security’s jurisdiction). For 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 defense articles and defense services pursuant to the International Traffic in Arms Regulations (22 CFR pasts 120-130). 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 Export Administration Regulations.
The EAR is available on the BIS website and on the e-CFR (Electronic Code of Federal Regulations) and is updated as needed.
Consolidated Screening List
The Consolidated Screening List, 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 list consolidates 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 Export Administration Regulations requirements specific to the item(s), the destination, and the proposed end use and end user, as well as consulting the Consolidated Screening List to determine if any parties to the transaction may be subject to specific license requirements.
Assistance is available from the Bureau of Industry and Security by calling one of the following numbers:
- 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, 8:00am-5:00 pm PT)
You may also e-mail your inquiry to the Export Counseling Division of the Office of Exporter Services at ECDOEXS@bis.doc.gov.
Contact information for the Bureau of Industry and Security overseas Export Control Officers can be found at: Office of Enforcement Analysis (OEA) | Bureau of Industry and Security.