The state name abbreviation should denote the locale that the foreign national will be visiting and the country name should denote the foreign country domicile where the foreign national claims citizenship.
BIS recommends this data entry method because placing the state code together with the city name results in the proper display of the foreign national address information on the final validated license. Assuming that a license is required because the technology does not qualify for treatment under EAR99 and no license exception is available, U. Any foreign national is subject to the deemed export regulations except a foreign national who 1 is granted permanent residence, as demonstrated by the issuance of a permanent resident visa i.
This includes all persons in the U. As noted, one exception to this general statement is a protected person. Protected persons include political refugees and political asylum holders. Be aware that individuals seeking protected person status must satisfy all of the terms and conditions that are fully set forth in 8 U. It should be emphasized that although the deemed export regulations may be triggered, this does not necessarily mean that a license is required.
For example, the technology may be EAR99 or license exception eligible. As noted above, if the individual is a naturalized citizen or permanent resident of the United States, the deemed export regulations do not apply. In other words, he or she is not subject to the provisions of the deemed export regulation. For individuals who are citizens of more than one foreign country, or have citizenship in one foreign country and permanent residence in another, as a general policy, the last permanent resident status or citizenship obtained governs.
Questions below provide examples of situations involving individuals who are citizens of more than one foreign country, or have citizenship in one foreign country and permanent residence in another. If, for some reason, the status of a foreign national is not certain, then you should ask the Bureau of Industry and Security BIS , to determine where the stronger ties lie, based on the facts of the specific case. For instance, the status of a foreign national could be uncertain in situations where information may indicate involvement with prohibited entities or activities, for example, missile or nuclear-related end-uses or end-users as identified in Part of the EAR.
In response to a request for the status of a foreign national, BIS will look at the foreign national's family, professional, financial, and employment ties. Release of controlled technology to that individual in the U.
The Indian national's U. As long as the Indian foreign national maintains his or her permanent residency status in the U. If the former Indian national becomes a British citizen, transfers of technology would be viewed as transfers to the U. As a general principle, the last citizenship obtained governs. As is clear in response to the Question above, the individual's most recent citizenship is with the U.
The information that BIS may request as part of the license application process is requested in order to determine whether BIS should authorize the release of such controlled sensitive technology. The EAR does not regulate employment matters. The justification for the deemed export regulations is that there is no more effective way of disclosing sensitive technical information e. Our web page guidance is designed to assist you in pointing out the types of relevant information that BIS examines in connection with the license application review.
Most are proprietary. Technologies which tend to require licensing for transfer to foreign nationals are also dual-use i. Foreign technology with U. Some technologies are under the exclusive jurisdiction of another agency of the U.
These include defense services which are under the jurisdiction of the State Department and technology related to the production of special nuclear materials which is under the jurisdiction of the Energy Department. Still other technologies do not require any authorization because they are already published. These include patent applications; published technology and software other than software and technology controlled as encryption items that are already published or will be published; or technology which arises during or as a result of fundamental research.
See Part of the EAR for details. Software which is delineated on the CCL is controlled. Normally, the results of "fundamental research" are published in scientific literature, thus making it publicly available. Research which is intended for publication, whether it is ever accepted by scientific journals or not, is considered to be "fundamental research. If he or she is properly documented for work in the United States, you may employ him or her. You must apply for an export license if you intend to release technology listed on the Commerce Control List which would require a license for export to India.
Yes, you are required to apply for a deemed export license. Under the sanctions imposed by the U. Government, any export which includes transfers of technology to foreign nationals requires a license to organizations on the Entity List. Because the Indian foreign national is still employed by the organization that is on the Entity List, a technology transfer to him or her is considered a technology transfer to the employer organization.
Is unable to determine whether the item will be used in the aforementioned projects. A licensing policy of presumption of denial applies for exports, reexports, or transfer in-country for the aforementioned projects that have the potential to produce oil. A licensing policy of case-by-case review applies for such projects that have the potential to produce gas.
Russia includes the territory of Russia and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the Government of Russia claims sovereignty, sovereign rights, or jurisdiction, provided that the Government of Russia exercises partial or total de facto control over the area or derives a benefit from economic activity in the area pursuant to international arrangements.
Many oilfield services companies have inventory positioned at in-country hubs, and will use the items in inventory for providing services in Russia. OFAC has also implemented sanctions specific to energy production activities, including those related to providing services for such activities. What about projects that involve unconventional methods of extracting oil from shale e. Thus, the license requirement applies to exploration for, or production of, oil or gas from a shale formation.
The license requirement does not apply to exploration or production through shale to locate or extract crude oil or gas in reservoirs. The Introduction Chapter of the Schedule B provides important information about classifying products and interpretations of the Schedule B e. In addition, important information about products within a particular chapter may be found at the beginning of each chapter. No, that is not correct.
Note however, that if you propose to export, reexport or transfer in-country seismic data, equipment or software to Russia but do not know what type of project the items will be used in, a license is required.
Also note that in making a license determination under the EAR, the full scope of the EAR license requirements need to be considered, including those in Part that in certain cases impose a license requirement for all items subject to the EAR when the items are for certain prohibited end uses or end users as defined in Part Yes, software for the design and analysis of hydraulic fracturing is the only software controlled in ECCN 0A However, regardless of whether the data being processed was subject to the EAR, providing such a service by a U.
The U. Government is aware that there are different depths for what is considered deep water. The "greater than feet" standard is a bright line standard that is used by the U.
For reference, the U. Keep in mind that any pump that is listed under a Schedule B number in Supplement No. It is destination based. The following language will be included on every license issued by the Bureau of Industry and Security BIS : "Unless limited by a condition set forth below, the export, reexport or transfer in-country authorized by this license is for the item s , end-use s , and parties described in the license application and any letters of explanation.
The applicant is responsible for informing the other parties identified on the license, such as ultimate consignees and end-users, of the license's scope and of the specific conditions applicable to them.
BIS has granted this license in reliance on representations the applicant made in the license application, letters of explanation, and other documents submitted.
The Bureau of Industry and Security BIS , in coordination with our interagency partners, made the change as part of our ongoing efforts to rationalize and make more consistent the use of conditions on BIS licenses. The purpose of the change is to eliminate, to the greatest extent possible, the inclusion of requirements and prohibitions included in the Export Administration Regulations EAR as conditions on validated licenses. BIS is eliminating conditions specifying requirements and prohibitions included in the EAR from licenses because the EAR's conditions and requirements are applicable to all exports, reexports and transfers in-country of items subject to the EAR as a matter of law; inclusion of such conditions on licenses is redundant.
As the new language will eliminate the need to include license conditions specifying requirements and prohibitions included in the EAR, BIS expects that licenses issued after December 8, will generally have a smaller number of conditions as compared to licenses issued before December 8, The new language will allow BIS and its interagency partners to process license applications more efficiently, thereby facilitating business activities.
License applicants should note that the new language clarifies that BIS's licenses authorize the transaction s described in the license application and any letters of explanation. Therefore, license applications submitted with specific and detailed information will be processed more efficiently than those sibmitting general or incomplete information.
Additionally, the new language specifies that license applicants are required to inform the other parties to the license of the license's scope and of any license condition s applicable to the individual party. License applicants who have not routinely informed other parties to the license of such information should implement procedures to ensure that such notifications occur for all licenses. Imprecise language e. The inclusion of specific information on license applications for transactions involving especially sensitive items or proposed for shipment to sensitive locations is helpful in facilitating BIS's processing.
For example, before processing license applications for the export of satellites, BIS and its interagency partners need to know the name and address of the organization or company facilitating the satellite's launch. Exporters who are unsure about what specific information should be included to facilitate a license application for a specified item or to a specified location should contact BIS.
Not necessarily. Including precise information increases the chance that your license will be issued more quickly and with fewer conditions than it otherwise would be. Conditions no longer in general use after December 8, No reexport without prior authorization from the U. Government, unless elsewhere authorized under the EAR. The condition will be included under certain circumstances, including if a license applicant requests reexport authorization and the request is denied.
Therefore, if you did not include a military end use in your license application or license application support documents, such an end use is not authorized under the license.
The condition may be used if the license applicant does not specify the scope of the intended end-use within the license application and the end-use could be either civil or military. Therefore, if you did not specifically request access or use by persons who are nationals of an embargoed destination in your license application or license application support documents, access or use by such nationals is not authorized under the license.
No resale or transfer without prior authorization from the U. Therefore, if you did not specifically request authorization to resell or transfer the items authorized for shipment in your license application or license application support documents, resale or transfer is not authorized under the license. Applicant must inform consignee of all license conditions. No, not if the technology is subject to the EAR, requires a license for export to the planned destination, and is not eligible for shipment under a license exception.
Licenses issued by BIS authorize the export, reexport or transfer in-country of only the items specifically listed on the license. If the equipment is not eligible for shipment without a license i.
A license condition is a requirement on the parties to the transaction named on the license. Violation of a license condition is a violation of the EAR and may be subject to administrative or criminal penalties. A license rider consists of clarifying or explanatory language added to a license by BIS.
Although license riders are not requirements, BIS sometimes uses riders to remind license parties of requirements under the EAR. Exporters should note that BIS's inclusion of a rider on a license puts the exporter on notice regarding the specific knowledge, including requirements under the EAR, provided in the rider.
Please include a telephone number for call-back purposes within your e-mail. The information provided with your application should include technical specifications or brochures on the items you wish to export. Information that substantiates the legitimate activities of the end-user should be supplied as well.
You should also include import or end-user certificates if the item is also subject to national security controls. For items to be used in a missile project or program, at a minimum, always specify the maximum capable range and payload of the delivery system or launch vehicle.
Any information regarding the specific project or program should be provided; note if there is any U. You can also include open source information from Web sites, marketing brochures, etc. All of this information will assist licensing officers in their evaluation, determination, and licensing recommendations for the case.
Including this information could prevent potential delays in the processing of the case and avoid a return of the application without action.
The documentation requirements for export license applications are explained in detail in Part of the EAR. See Part of the EAR for an explanation of when these license exceptions may apply. Section of the Strom Thurmond National Defense Authorization Act NDAA requires a Presidential certification to Congress prior to the export to China of missile technology controlled items, except for certain items used in manned aircraft.
Authority for this certification has been delegated to the Secretary of Commerce, however, they can still take several months, and you should allow for substantial processing time for these applications. The Secretary must certify that the export will not be detrimental to the U. Items not specifically controlled for MT reasons can also be controlled under section Items require a license if they will be used in the design, development, production, or use of:.
This means that if your license is denied because the United States determined it was detrimental to national security or foreign policy, the United States will notify the other members of the regime, who have agreed to consult with the United States before approving an export of the same or similar items to the same end-user. This does not apply to "catch all" denials of items not on the MTCR annex, but in practice many countries take into consideration denials by regime partners when reviewing other license applications.
Under its original meaning, it included both the list-based controls on missile related items as well as chemical, biological, and nuclear items and controls on normally uncontrolled items that need a license because of the end-use or end-user. The term "EPCI" has come to be used informally to refer to the latter "catch all" controls, and refers to the controls set out in section of the EAR.
No, there are no EPCI catch-all controls on the manufacture of conventional arms. Conventional arms production is not an activity set out in Part of the EAR.
However, you need to determine if there are any activities that are described in Part i. Written materials that are publicly available, such as college textbooks, are not subject to the Export Administration Regulations. However, a "U. See Part While the textbooks would not, in themselves require an export license, they could be part of the impermissible support that a U. Any license application can be reviewed for all proliferation concerns not only those stated in the reasons for control.
In this instance, the item was denied because the transaction would make a material contribution to the proliferation of missiles. When reviewing licenses for items caught under section Items other than some radar, accelerometers, gyros and corresponding test equipment, software, and technology may be exported as part of a manned aircraft, land vehicle, or marine vehicle or as replacement parts for such under license exceptions TMP, RPL, TSU, and AVS.
Anti-friction bearing and bearing systems 2A or radial ball bearings 2A may be exported under TMP or RPL as one-for-one replacement for equipment previously exported.
The MTCR considers missile systems or unmanned aerial vehicles that have a range of km and the ability to carry a payload of kg as Category I, and there is a strong presumption of denial for the export of such items. Category II missile systems and unmanned aerial vehicles are those that have a range of km, but do not have the payload capability of Category I. Export of Category II systems are evaluated on a case-by-case basis. While most Category I and II complete systems fall under the jurisdiction of the Department of State, these categorizations can impact the licensing decisions on dual-use Commerce controlled commodities when evaluating the intended end use of the items, the capabilities of the destination country, and the risk of diversion of items.
These persons comprise the Entity List, which is found at Supplement No. The persons on the Entity List are subject to individual licensing requirements and policies supplemental to those found elsewhere in the EAR. BIS first published the Entity List in February as part of its efforts to inform the public of entities that have engaged in activities that could result in an increased risk of the diversion of exported, reexported or transferred in-country items to weapons of mass destruction WMD programs.
Since its initial publication, grounds for inclusion on the Entity List have expanded to activities sanctioned by the State Department and activities contrary to U. The Entity List is found in Supplement No. Part , Supp. BIS recommends that exporters screen the parties to transactions against the Entity List as a standard part of pre-transaction due diligence activities. However, BIS considers that transactions of any nature with listed entities carry a "red flag" and recommends that U.
Be sure to review the licensing policy and requirements carefully. As set forth in the answer to question 28, both BIS and other agencies in the U. Government maintain other lists of entities for which there are restrictions on doing business.
Government requirements. Within the Entity List, the information for each listed entity includes the license requirement, license review policy, and Federal Register citation s.
Note that while transactions outside of the scope of the license review policy for a listed entity are not prohibited, BIS considers that such transactions carry a "red flag. Section However, if one or more license exceptions are available to a listed entity, the availability will be noted in the licensing requirements information specific to that entity. The Entity List is subject to ongoing review and revision.
All changes to the Entity List are published in the Federal Register. You can subscribe to a BIS e-mail notification service that will alert you when EAR rules are published in the Federal Register, including rules implementing changes to the Entity List, by clicking here. The removal of an entity from the Entity List removes only the additional license requirements imposed by its listing on the Entity List, and does not modify the other license requirements that may be applicable under the EAR i.
You should also consult the other export screening lists maintained by BIS and other U. Government agencies to determine whether other license requirements or sanctions apply. In summary, you should conduct the same due diligence as you would for any other export, reexport, or transfer in-country of items subject to the EAR. This is a "red flag" and the exporter must undertake sufficient due diligence to verify that the company co-located with the listed entity is not, in fact, the listed entity and does not intend to transfer in-country the requested items to the listed entity.
As this is a "red flag", BIS recommends that detailed due diligence be undertaken. You should conduct due diligence by examining other factors to determine if the company you want to export to is the same as the listed entity.
Persons on the Entity List are subject to the licensing policy and requirements defined in their specific entries on the Entity List regardless of their location. Note that this may take several weeks.
Apply online at www. View how to determine your ECCN on this website. An ECP lets you analyze pieces of information and individual decisions, and build them into an organized, integrated system. Consider creating a written compliance plan. You can also contact BIS for guidance on developing the plan and to review the final document. Remember that as the exporter, you are ultimately responsible for obtaining any necessary licenses.
Export classification and any license numbers you receive must appear on export documentation, such as the Commercial Invoice and the ACE AESDirect Automated Export System filing; the numbers should be easily accessible in your inventory management system.
For certain types of exports listed in Section When completing forms on paper or online , the U. If possible, adapt your inventory management software to flag problematic orders. To ensure compliance with U. The fastest way to do this is to make sure your party or entity is not included on the U.
The CSL includes list of parties for which the United States Government maintains restrictions on certain exports, reexports or transfers of items. Also, check the CSL when looking to meet other possible license requirements that fall outside of the EAR, as listed below. Acceptance or rejection of a previously submitted application, classification, or reporting form may be viewed from SNAP-R. Exporters may ship based on the terms and conditions of the electronic. A hardcopy backup notification will be mailed for some final validations.
Additional Sources for Help. Anywhere you see a small box with a question mark in it next to a field label, you can place your mouse over the box hover there without clicking , and a box will appear with an explanation of the field and its use. If you need additional information about the field, then click on the field box with a question mark and an additional window will appear with further help on the use of the field.
You need JavaScript enabled to view it. Office hours are Monday-Friday, ampm ET. Reset Password. If your account administrator is not available, you may send an email to This email address is being protected from spambots. Time Out. The system will automatically log your account off after sixty 60 minutes of inactivity. For security reasons, it is recommended to use the Logout function. Configuring Internet Explorer. All users should log out of the system once desired work is completed.
If the browser window is closed instead of using the logout function, your SNAP-R session may not be closed until sixty 60 minutes later. For security reasons, it is important to use the Logout function. SNAP-R allows users to submit export license applications, commodity classification requests, reexport license applications, and license exception AGR notifications via the Internet. The procedures and requirements for obtaining a CIN and user account are set forth below.
On-line Registration and Account Self-Management:. Additionally, users are provided the ability to keep the information in their accounts current via the self-management portion of the system. On-line Registration:. In order to submit electronic requests in SNAP-R, an applicant must register with BIS via the on-line registration process by entering the requested information and agreeing to the stated terms and conditions.
The individual submitting the information will be designated as the account administrator, who has the same abilities within SNAP-R as other users in the system, but additionally has the responsibility and authority to maintain the account via the self-management portion of the system. Account Administrators have the following abilities within the self-management portion of the system:.
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