How to Get an Export License

Abstract: Do you need an export license to ship your goods internationally? This article discusses how you can determine whether you need an export license and describes the application process for obtaining one.

How can you determine if you need an export license? Most goods shipped internationally do not require an export license. Licenses are generally required for high tech goods like: software programs, dual-use goods (products not intended for military purposes but that may be used for such applications), and businesses seeking to export goods to certain countries where national security or foreign policy controls are important. The Department of Commerce's Bureau of Export Administration (BXA) administers export licenses based on the Export Administration Regulations (EAR).

What type of export license do you need? The Export Administration Regulations (EAR) identify two types of export licenses: the general license and the validated license.

GENERAL LICENSE
  • A broad grant of authority
  • For certain types of products to particular destinations
  • No application to complete
  • No document issued
  • Exporter must verify for certain that your product requires a general license
VALIDATED LICENSE
  • A specific grant of authority
  • Issued on a case-by-case basis
  • Explicitly permits the export of particular goods from one party to another for a particular end use
  • Exporter must complete a license application and receive documentation and license number to ship under a validated license

The type license you need is based on what you plan to export and its destination. To determine which license you require you will need to become familiar with the EAR, keeping your own product in mind as you read the relevant sections. The EAR's Commerce Control List (CCL) describes export controls for all commodities, software, and technical data. You can access the EAR on the National Trade Data Bank, or subscribe to it by writing to:

Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20401
Phone: (202) 275-2091

Applying for an export license: Once you have determined what type of license your product requires, you should proceed in one of the following ways:

General License: Under a general license, no application is needed and no document is issued. After verifying that you meet general licensing requirements, your next step is determine whether you need to prepare and file a Shipper's Export Declaration (SED). Indicating a general license approval on the SED certifies that your shipment meets the conditions of the general license authorization.

Validated License: Under a validated license authorization, you must prepare and submit an Application for Export License to the BXA and wait for approval. Once approved, your validated export license number will be mailed to you for use in your preparation of the SED. You can check on the status of your application by using the System for Tracking Export Licensing Applications (STELA) at (202) 482-2752. STELA provides information on your application using the Application Control Number preprinted on your application form.

Where can I go to find more help on export licensing? Visit the BXA home page for complete information on their regulations and procedures at http://www.bxa.doc.gov The BXA home page contains detailed information on export licensing. You can browse through selected topics found in the EAR Database online and find useful tips for utilizing the CCL.