Describes any U.S. Export Controls relevant to the market.
A validated U.S. export license is required prior to shipping certain controlled commodities to Poland, as provided under the U.S. Department of Commerce’s Bureau of Industry and Security Commodity Control List. For more information and assistance, please contact BIS’s Office of Exporter Services at (202) 482 4811 or refer to BIS’s web-site.
Poland is a member of the Wassenaar Agreement and has established its own export control regime for munitions and dual use commodities. That regime is managed by the Polish Ministry of Entrepreneurship and Technology, the Department of Sensitive Goods Trading and Technical Security.
The export control regime is fully compatible with EU regulations. The Ministry of Entrepreneurship and Technology’s Department for Trade in Dual Use Products is responsible for Poland’s export control regulation. Information is available only in Polish. The EU export control regime is governed by Regulation (EC) No 428/2009, which provides for common EU control rules, a common EU control list and harmonized policies for implementation. Information on the EU dual-use export controls are found here.
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is responsible for implementing and enforcing the Export Administration Regulations (EAR), which regulate the export and re-export of some commercial items, including “production” and “development” technology.
The items that BIS regulates are often referred to as “dual use” since they have both commercial and military applications. Refer to the following links for information on the export licensing basics and enforcement.
BIS has developed a list of “red flags”, or warning signs intended to discover possible violations of the EAR and enable reporting of possible violations. The list is available in the Know Your Customer Guidance.
If there is reason to believe a violation is taking place or has occurred, report it to the Department of Commerce by calling the 24-hour hotline at 1(800) 424-2980, or via the Confidential Enforcement Lead/Tip Form.
The EAR does not control all goods, services, and technologies. Other U.S. government agencies regulate more specialized exports. For example, the U.S. Department of State has authority over defense articles and services. A list of other agencies involved in export control can be found on the BIS web-site.
It is important to note that in August 2009, a broad-based interagency review of the U.S. export control system was initiated, with the goal of strengthening national security and the competitiveness of key U.S. manufacturing and technology sectors by focusing on current threats, as well as adapting to the changing economic and technological landscape. Thus, the Administration launched the Export Control Reform Initiative (ECR Initiative) which is designed to enhance U.S. national security and strengthen the United States’ ability to counter threats such as the proliferation of weapons of mass destruction.
This reform is being implement in three phases. Phases I and II reconcile various definitions, regulations, and policies for export controls, all the while building toward Phase III, which will create a single control list, single licensing agency, unified information technology system, and enforcement coordination center. Additional information on the ECR is available at Export.gov.
BIS provides a variety of training sessions to U.S. exporters throughout the year. These sessions range from one to two-day seminars and focus on the basics of exporting as well as more advanced topics. Click here for a list of upcoming seminars.
For further details about the Bureau of Industry and Security and its programs, please visit the BIS website.