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Guidance 

To The 

Commerce Department's

REEXPORT

CONTROLS

U.S. DEPARTMENT OF COMMERCE

Bureau of Industry and Security

Office of Exporter Services

OVERVIEW

The United States Department of Commerce regulates exports an

of “dual-use” items, i.e., goods, software and technologies with c

and proliferation/military applications, through its Export Admi

Regulations (EAR). If you are outside the United States and wish to exp

reexport an item that is of U.S. origin or that has a U.S. connection, yo

may require a license from the U.S. Department of Commerce’s Bureau 

and Security (BIS).

This overview is designed to give an understanding of our regulations an

use them. However, nothing provided here can substitute for consulting 

The EAR include answers to frequently asked questions, detailed step-by

instructions for determining if a transaction is subject to the regulations 

apply for a license. In using the EAR, you may want to first look at Par

the steps you follow to determine your obligations. 

If you would like to review a specific part of the EAR referenced in this 

go to the on-line EAR database on the Government Printing Office We

www.gpo.gov/bis. 
A reexport is the shipment or transmission of an item subject to the EAR 

foreign country (i.e., a country other than the United States) to another 

country. A reexport also occurs when there is “release” of technology or 

(source code) subject to the EAR in one foreign country to a national of 

foreign country. 

Determining whether your item is subject t

Export Administration Regulations. 

Your item is subject to the Export Administration Regulations (EAR) if 

■ Was produced or originated in the United States (See Part A); 

■ Is a foreign made product that contains more than a specified per

U.S. controlled content (See Part B); 

■ Is a foreign made product based on certain U.S.-origin technology 

software and is intended for shipment to specified destinations (S

or

■ Was made by a plant or major component of a plant located outsi

United States, and if that plant or major component of a plant is 

product of certain U.S. technology or software, and your product 

for shipment to specified destinations (See Part D). 

A. Determining whether a U.S.-origin item

requires a license from BIS. 

You may need to obtain a license to “reexport” an item that was produce

originated in the United States. Many items subject to the EAR do not 

license to be reexported from one foreign country to another. But certai

controlled and will either require a license or must qualify for a License 

License requirements apply particularly to items controlled by multilater

control regimes. In addition, some destinations and persons (individual

are subject to comprehensive export controls, including controls on wid

consumer products. 

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following three pieces of information: 

1. The Export Control Classification Number (ECCN). Certain items

those controlled by multilateral export control regimes, are on the C

Control List (CCL) (part 774 of the EAR) and are included in a spe

ECCN. If your item is not on the CCL, it may be classified as EAR

is a general category of goods and technology that encompasses man

traded consumer and industrial items. The ECCN in the CCL will 

the reason(s) for control. 

2. The ultimate destination of the item. You will need to match the re

control listed in the ECCN entry on the CCL (part 774 of the EAR

country of ultimate destination in the Country Chart (part 738 of t

The reason(s) for control, when used in conjunction with the Coun

will help you to determine if a license is required to the ultimate de

you determine that your reexport transaction requires a license, you 

review the EAR to determine if any License Exceptions are available 

of the EAR). For general information on License Exceptions, see pa

3. The end-user and end-use for the item. Even if you determine a lic

required based on the ultimate destination (or a license is required b

License Exception would generally apply), you may need to apply fo

because of the end-use or end-user. There are certain special restricti

apply to persons (or entities) identified in the EAR, as well as to per

you know or have reason to know are involved in weapons prolifera

activities. In most instances, a license is required to persons identifie

744 of the EAR for the reexport of all items subject to the EAR (i.e

on the CCL and all items classified as EAR99). 

B. Determining whether your foreign-produ

product requires a license from BIS because 

contains some U.S.-origin content. 

As noted above, certain foreign-produced items are also subject to the E

they contain more than a specified percentage value of U.S.-origin contr

content. You need to first determine if your foreign produced item is su

EAR. If you determine your foreign produced item is subject to the EAR

then follow the process outlined in Part A above to determine if your fo

produced item requires a license.
foreign produced commodity that incorporates U.S.-origin parts is subje

EAR or qualifies for the de minimis exception to the EAR. This general 

does not take into account specific items that are not eligible for de min

treatment. You should consult section 734.4 and Supplement 2 to Part 7

information on such items and the calculation of U.S. controlled conten

1. General guidance regarding incorporation of U.S. parts or compon

foreign-produced items. If you are a foreign company that incorpor

origin parts or components in a foreign commodity you will need to

(a) classify the U.S.-origin parts or components exported to you a

the classification system set forth in the EAR. The U.S. expor

able to assist you in determining the ECCN.

(b) determine if the U.S. parts or components are “controlled con

(“U.S. controlled content” is content that would require a U.S

it were to be reexported as separate parts or components to th

ultimate destination.) 

(c) determine if the U.S. “controlled content” is greater that 25% 

value of your finished foreign product. (For designated terrori

supporting countries, you need to determine if the U.S. “cont

content” is greater than 10% of the value of your finished pro

the U.S. controlled content is 25% or less of the value of your 

product (or 10% or less for applicable countries), you qualify 

de minimis exception set forth in section 734.4 of the EAR an

product is not subject to the EAR. 

(d) if the controlled content is greater than 25% (or 10% for app

countries), your product is subject to the EAR. 

If your product is subject to the EAR, you need to determine if you

requires a license, either because of the ultimate destination or the e

end-user. To do this, follow the steps outlined in Part A 1-3.

2. Additional guidance regarding foreign software incorporating U.S.-orig

and foreign technology commingled with or drawn from U.S.-origin tec

you incorporate U.S.-origin software into your foreign software or i

foreign technology is commingled with or drawn from U.S.-origin t

you would follow a process similar to the one outlined above. That 

a related one-time reporting requirement are set forth in section 734

Supplement 2 to part 734 of the EAR. NOTE: The de minimis exce

only be used for items that are alike - hardware into hardware or sof

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into hardware. 

C. Determining if your foreign product requ

license from BIS because it is the direct pro

U.S. technology or software. 

Direct products of U.S.-origin technology are subject to the EAR only i

intended for specified destinations, would be subject to national security 

they were U.S.-origin items) and the U.S.-origin technology or software 

the foreign product is based required a written assurance from the recipi

was exported from the United States. See EAR sections 734.3(a)(4) and

736.2(b)(3). 

D. Determining if your foreign product requ

license from BIS because it is the direct pro

a plant or major component of a plant that 

developed based on U.S. technology. 

The product of such a foreign plant or major component of a plant is su

EAR only if it is intended for specified destinations, would be controlled 

national security reasons (if it were a U.S.-origin product) and if the tec

which the plant or major component of a plant is based required a writt

assurance from the recipient when it was exported from the United Stat

section 734.3(a)(5) and 736.2(b)(3). 

E. Is your product eligible for a License Exce

In certain instances, if your reexport transaction requires a license, you m

to use one of the License Exceptions set forth in part 740 of the EAR. A 

Exception allows you to reexport an item without applying for a license, 

your transaction meets all the terms and conditions of the License Excep

Are there any special restrictions I should know about? 

You may not reexport an item subject to the EAR to a party whose expo

have been denied by BIS. Information on parties subject to denial order

provided on the BIS Web site at www.bis.doc.gov. 
EAR. See section 744.6 of the EAR. U.S. persons may also be subject to 

under other U.S. Government regulations, such as those issued by the O

Foreign Assets Control of the U.S. Department of the Treasury or other 

Government departments or agencies. 

Why should you comply with reexport license requirements? 

The Department of Commerce has enforcement and protective measure

to it to ensure that recipients of items subject to the EAR comply with t

license requirements of the EAR. If the Department of Commerce deter

you have not complied with these requirements and restrictions, it may 

administrative enforcement proceedings, resulting in the possible impos

penalties and/or denial of your eligibility to receive U.S. exports (part 76

EAR). 

Where to apply for a reexport license?

If your reexport requires a license and is not eligible for a License Excep

may apply for a reexport license electronically through the Simplified N

Application Process (SNAP). You may find the basic information on the 

program on the BIS Web site at www.bis.doc.gov. If you have not subm

application electronically before, you must first complete a “PIN” reque

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If you need help regarding a reexport license or product classification, o

obtain other information on U.S. export controls, please consult the BIS 

In addition, you may contact the Office of Exporter Services, Bureau of 

and Security, directly at: 

P.O. Box 273

U.S. Department of Commerce

Washington, DC 20044

Phone: (202) 482-4811

Fax: (202) 482-2927 or 

email via the BIS Web site at www.bis.doc.gov

All requests for information and assistance must be in English. 

Disclaimer 

The Bureau of Industry and Security provides this Guidance on Reexports fo

information purposes only. The Guidance does not provide an official interp

translation of U.S. export control law or regulations. This information does 

the reader of any duties or obligations regarding knowledge of or compliance 

relevant U.S. export control laws and regulations as they appear in the U.S. 

Federal Regulations and as modified by notices in the Federal Register. 



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