India - Commercial Guide
U.S. Export Controls

Includes the U.S. government export controls that companies need to abide by when exporting to this country

Last published date: 2020-08-25

The United States imposes export controls to protect national security interests and promote foreign policy objectives. The Bureau of Industry & Security (BIS), within the U.S. Department of Commerce, is responsible for implementing and enforcing the Export Control Reform Act (ECRA) and the Export Administration Regulations (EAR) of the United States.  The ECRA and EAR regulate the export and re-export of most “dual-use” items, that is, items that can have both a commercial and military application or proliferation applications.  Items that have a purely commercial application are also subject to the ECRA and EAR.  The BIS mission is to advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.

The BIS Export Control Officer (ECO) and Commercial Specialist in New Delhi are responsible for conducting pre-license checks (PLCs) and post-shipment verifications (PSVs), also known as End-Use Checks (EUCs).  PLCs are conducted to establish bona fides of companies and validate information on export license applications prior to the export from the U.S.  EUCs are conducted to assure that all the parties to the transaction have complied with export licensing conditions, when applicable; and to confirm the parties are reliable recipients for U.S. goods.  The ECO and Commercial Specialist also perform outreach and educational activities with importers, as well as liaising with foreign governments on export control issues. BIS’s Office of Export Enforcement (EE) is responsible for the enforcement of the ECRA and EAR. BIS works closely with U.S. embassies, foreign governments, industry, and trade associations to ensure that exports from the United States are secure.

Specifically, an EUC verifies the bona fides of recipient(s) of items subject to the ECRA and EAR, to include:  confirming their legitimacy and reliability relating to the end use and end user; monitoring their compliance with license conditions; and ensuring such items are used and/or re-exported or transferred (in-country) in accordance with the ECRA and EAR.

BIS officials rely on EUCs to safeguard items subject to the EAR from diversion to unauthorized end uses/users. The verification of a foreign party’s reliability facilitates future trade, including pursuant to 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 reviews or be designated on BIS’s Unverified List or Entity List, as applicable.

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 of these 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 to U.S. 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 provided online training.  

The ECRA and EAR does not regulate transactions involving all U.S. goods, services, and technologies.  Other U.S. Government agencies regulate more specialized exports. For example, the U.S. Department of State’s Directorate of Defense Trade Controls has authority over defense articles and services.  A list of other agencies involved in export control can be found on the BIS website or in Supplement No. 3 to Part 730 of the EAR.  The EAR is available on the BIS website and on the e-CFR (Electronic Code of Federal Regulations).

The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports or transfers of items.  The CSL The Consolidated Screening List API consolidates eleven export screening lists of the Departments of Commerce, State and the Treasury into a single data feed as an aid to industry in conducting electronic screens of potential parties to regulated transactions.  The Consolidated Screening List API consolidates eleven export screening lists of the Departments of Commerce, State and the Treasury into a single data feed as an aid to industry in conducting electronic screens of potential parties to regulated transactions consolidates a number of smaller lists of restricted parties that are maintained by a variety of U.S. Government agencies, including the Department of Commerce,  as an aid to industry in conducting electronic screens of potential parties to regulated transactions -  https://www.trade.gov/consolidated-screening-list.

For any business inquiries, please contact:

Mr. Edward Hayden

Export Control Officer

Phone: 91-11-2347 2128

Mr. Shailendra Srivastava

Commercial Specialist

Phone: 91-11-2347 2336