Legal requirements

United States (U.S.)-specific export requirements vary depending on the specific product being exported. Generally, exporters must comply with all applicable export regulations, including license requirements, export controls, and sanctions. In some cases, exporters may be required to obtain special permits, certificates, or other documents in order to export certain products or services. It is important for exporters to research and understand the specific requirements for their goods before engaging in any export activity.

U.S. export regulations and sanctions 

The most commonly applicable regulations and sanctions are as follows:

• The International Traffic in Arms Regulations (ITAR): ITAR regulates the export of defense-related items, including technical data and defense services.
• The Office of Foreign Assets Control (OFAC): OFAC sanctions are imposed on individuals, entities, and countries that are associated with terrorism, drug trafficking, and other activities deemed to be a threat to national security.
• The Export Administration Regulations (EAR): EAR governs the export of goods from the U.S.
• The U.S. Department of Commerce, Bureau of Industry and Security (BIS): The U.S. Department of Commerce, BIS regulates the export of dual-use items (items that have civilian and military applications). BIS maintains the EAR, which control the export of dual-use items to other countries and entities.
• The Export-Import Bank of the U.S. (EXIM): EXIM is the U.S. government agency responsible for providing loans and other assistance for U.S. exports.
• The U.S. Customs and Border Protection (CBP): The CBP manages the import and export of goods to and from the U.S.

The International Traffic in Arms Regulations (ITAR)

ITAR control the export of defense-related items, including technical data and defense services. Under ITAR, an exporter must obtain a license from the U.S. Department of State prior to exporting any defense-related items. This license will specify the terms under which the item can be exported, including the country of destination and end-use of the item.

The Foreign Assets Control (OFAC)

OFAC is responsible for administering and enforcing economic and trade sanctions against individuals, entities, and countries that are associated with terrorism, drug trafficking, and other activities deemed to be a threat to national security. OFAC sanctions prohibit all export activities to countries, individuals, and entities subject to the sanctions. Exporters must ensure that they are not engaging in any prohibited activity and should thoroughly research potential export partners to ensure they are not subject to any OFAC sanctions. Additionally, OFAC sanctions may require exporters to obtain certain permits or licenses prior to engaging in any export activity.

The Export Administration Regulations (EAR)

EAR govern the export of goods from the U.S. The EAR outline the specifications that must be met when exporting goods from the U.S., including export licensing, export documentation, and the destination country’s requirements. The EAR also list the penalties for violations of the regulations, including fines, imprisonment, and the seizure of goods.

The U.S. Department of Commerce, Bureau of Industry and Security (BIS)

The U.S. Department of Commerce, BIS regulates the export of dual-use items, meaning items with civilian and military applications. BIS maintains the EAR, which control the export of dual-use items to other countries and entities. Additionally, BIS works with the U.S. Census Bureau to ensure that exporters are in compliance with all applicable export regulations, including those related to Schedule B Harmonized System (HS) codes.

The Export-Import Bank of the U.S. (EXIM)

EXIM provides loans and other assistance to U.S. exporters to help them finance their export activities. EXIM also provides export credit insurance to protect U.S. exporters against payment default by foreign buyers. EXIM offer export working capital loan guarantees to help exporters meet their short-term working capital needs. Finally, EXIM provides trade finance guarantees to help exporters obtain financing from private lenders.

The U.S. Customs and Border Protection (CBP)

The CBP is responsible for the enforcement of U.S. laws and regulations related to the import and export of goods. The CBP requires that all items exported from the U.S. be properly documented and accompanied by a valid export license or other authorization from the U.S. Department of Commerce when required. The CBP also requires that all export shipments must comply with the laws and regulations of the country of destination.

Export license 

Determine if your items require an export license

How to acquire an export license

The U.S. government requires export licenses for the export of certain goods, technologies, and services that are deemed sensitive or have national security implications. The process of obtaining an export license can vary depending on the type of product being exported and the destination country. After determining that a license is required, here are some general steps that a U.S. exporter can take to acquire an export license:

1. Determine the destination country: The destination country can also affect whether an export license is required. Some countries may be subject to restrictions on certain types of goods, services, or technologies (this information can be found in the import guide of the country you intend to export to)
2. Submit a license application: If an export license is required, you must submit a license application to the appropriate agency. This may be the BIS, OFAC, or another agency, depending on the type of product being exported. The license application will typically require information about the exporter, the product being exported, the destination country, and the product's end-use.
3. Wait for approval: The processing time for export license applications can vary depending on the complexity of the application and the volume of applications being processed by the agency. It is important to submit the application well before the planned export date to allow for processing time.
4. Comply with license conditions: If your license application is approved, it will likely include conditions that must be met in order to comply with U.S. export regulations. These may include restrictions on the product's end-use or record-keeping and reporting requirements.

It is important to note that the export of certain goods, services, and technologies may be subject to additional regulatory requirements beyond the need for an export license, such as compliance with economic sanctions or other trade controls. It is important to consult with a qualified export control specialist or attorney to ensure compliance with all applicable regulations.

Resources 

The following resources can help you find qualified U.S. export control specialists:

• Bureau of Industry and Security (BIS)
  • Website: https://www.bis.doc.gov/
  • Phone (Outreach and Educational Services Division): (202) 482-4811
  • Phone (Western Regional Office): (949) 660-0144
  • Phone (Northern California branch): (408) 998-8806
  • Email (Export Cousenig Division of the Office of Exporter Services): ECDOEXS@bis.doc.gov
• National Association of Small Business International Trade Educators (NASBITE)
  • Website: https://www.nasbite.org/
  • Phone: (518) 694-5540
  • Email: info@nasbite.org
  • Email: membership@nasbite.org
• Society for International Affairs (SIA)
  • Website: https://www.siaed.org/
  • Phone: (703) 946-5683
  • Email: sia.org.website@gmail.com
• National Customs Brokers and Forwarders Association of America (NCBFAA)
  • Website: https://www.ncbfaa.org/
  • Phone: (202) 466-0222
  • Email: membership@ncbfaa.org
• Export-Import Bank of the United States (EXIM)
  • Website: https://www.exim.gov/
  • Phone: (800) 565-3946
  • Phone: (202) 565-3946
  • Email: https://www.exim.gov/contact

Recap 

Exporting goods from the U.S. requires compliance with various legal requirements, including export controls, licensing requirements, and sanctions. The International Traffic in Arms Regulations (ITAR) monitor the export of defense-related items, while the Office of Foreign Assets Control (OFAC) enforces economic and trade sanctions against individuals, entities, and countries associated with terrorism or other activities that threaten national security. The Export Administration Regulations (EAR) govern the export of goods from the U.S., and the Bureau of Industry and Security (BIS) regulates the export of dual-use items. The Export-Import Bank of the United States (EXIM) provides loan assistance to U.S. exporters, while the U.S. Customs and Border Protection (CBP) enforces U.S. laws and regulations related to the import and export of goods. Many of these agencies help determine if an export license is required.