As a US Export Assistance Center we can provide guidance only, and “official determinations” can only be made by BIS or other appropriate export regulating authority.

1. Go to the www.bis.doc.gov website and go to the Export Administration Regulations (EAR) database.  (Click on Policies and Regulations on the left column, click on database to EAR.)  In addition to guidance on the BIS website, you may also want to download Chapter 9 from the Basic Guide, on International Legal Considerations. (www.unzco.com/basicguide/c9.html)
2. Start by downloading Chapter 732 – Supplement 1: Decision Tree, Supplement 2: Am I subject to the EAR, and Supplement 3: BIS “Know your Customer.”  Next, download Chapter 736 – General Prohibitions and check whether items 1-3 are applicable to your export sale.
3. To find your product’s Export Commerce Control Number (ECCN), go to index in Supplement 1, Chapter 774.  If you cannot locate right away, think of alternative names for the products or what they are used for.  If you are not the manufacturer, you could also contact the manufacturer, possibly someone in the manufacturer’s shipping department is familiar with the ECCN, not be confused with their HS or Schedule B.  There is no conversion from Schedule B to ECCN.   Items such as weapons & military related items are controlled by U.S. Dept. of State, Defense Trade Controls, Dept. of Energy and Nuclear Regulatory Commission control certain items for nuclear reasons, DEA controlled drugs, FDA medical devices, and others; see Chapter 730, Supplement 3 or see www.bis.doc.gov/about/reslinks.htm  
4. If you DO find a listing related to your product in the index, download those specific pages from the ECCN listing.  You should carefully look over the specifications for the listing to see if they apply to your product, possibly have your engineers look over the specs.  If no ECCN listing found, skip to (9)
5. Next, download the Country Chart, Chapter 738, Supplement 1.  You will want to cross-reference the reasons for control from the ECCN listing to the Country Chart.  Check to be sure that some entries apply to the entire listing and others apply to specific areas within the ECCN.
6. See if there are any license exceptions (Chapter 740), listed under your specific ECCN.  Again, some exceptions apply to specific sections of the ECCN.
7. Your company can self determine whether your product falls within a certain ECCN or you can obtain an official determination from BIS, if you want something official for your files.  You can either fill out a Multi-purpose Form 748P for a license request or for an official determination, guidance found in Chapter 750, or you can sign up for SNAP (www.bis.doc.gov/SNAP/index.htm), the automated system for submitting licenses. 
8. Check to see if you need any supporting documents such as Statement by Ultimate Consignee, Chapter 748.9.  (www.bis.doc.gov/licensing/LicRelatedForms.htm)
9. If no listing found in ECCN, product may be eligible under EAR 99 (see chapter 734.3(c) of EAR, but also check general prohibitions 4-10, and if nothing applies, product sounds eligible to ship under NLR (no license required) since product is not controlled under any ECCN. 
10. All exporting companies need to check transactions against the 6 lists, whether or not they need a license, links found on the BIS website, under “Lists to Check.” 

Date Updated: May 26, 2010