Applying for an export license

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1. Who may apply

The Export Administration Regulations (EAR) limit who may seek a license. Only a person in the United States may apply for a license to export items from the United States (15 CFR 748.4(a)(1)). The applicant must be the exporter, meaning the U.S. principal party in interest with authority to determine and control the sending of items out of the country. Encryption License Arrangements are the exception.

In a routed export, the U.S. principal party in interest or the authorized U.S. agent of the foreign principal party in interest may apply (15 CFR 748.4(a)(2)). The agent first obtains a power of attorney or other written authorization from the foreign principal. For reexports, the U.S. or foreign principal party in interest, or the foreign principal’s authorized U.S. agent, may apply (15 CFR 748.4(a)(3)). An agent needs written authorization unless a preexisting relationship by ownership, control, position of responsibility or affiliation exists.

2. Disclosing the parties

Applicants disclose the names and addresses of all parties to a transaction (15 CFR 748.4(b)(1)). An applicant acting as the U.S. agent of a foreign principal party in interest discloses the agency relationship and the principal’s name and address. Where there is doubt about who should be named, the applicant names all such persons in Block 24 with the function each will perform.

An agent obtains a power of attorney or other written authorization before preparing or submitting an application, unless there is a preexisting relationship by ownership, control, position of responsibility or affiliation (15 CFR 748.4(b)(2)(i)). That applies to an agent acting for a foreign principal party in interest in a routed transaction, and to an agent preparing an application for a U.S. principal party in interest. Block 7 is marked “other” and Block 24 is marked “748.4(b)(2)” to show the authorization is on file (15 CFR 748.4(b)(2)(ii)).

3. Who the parties are

The applicant is the person who applies and who has a principal party in interest’s authority to determine and control the export or reexport (15 CFR 748.5(a)). Another party may be named in Block 15 to receive the license, without changing the applicant’s responsibilities (15 CFR 748.5(b)). The purchaser is the person abroad who has entered into the transaction to buy an item for delivery to the ultimate consignee, and in most cases is not a bank, forwarding agent or intermediary (15 CFR 748.5(c)).

The intermediate consignee acts as an agent for a principal party in interest and takes possession of the items to deliver them, and may be a bank or forwarding agent (15 CFR 748.5(d)). The ultimate consignee is the principal party in interest abroad who receives the items, and may be the end-user (15 CFR 748.5(e)). The end-user is the person abroad who receives and ultimately uses the items (15 CFR 748.5(f)).

4. Barred applicants and problem shipments

A person subject to a denial order based on a conviction for specified statutes may not apply for any license for up to 10 years from the conviction (15 CFR 748.4(c)). A license obtained without disclosing the required facts is deemed void (15 CFR 748.4(d)). An applicant who knows the items have been detained or seized by the Office of Export Enforcement or Customs must disclose that (15 CFR 748.4(d)(1)).

No application may cover a shipment already laden aboard the exporting carrier, exported or reexported (15 CFR 748.4(d)(2)). If such a shipment needed a license, a letter goes to the Office of Export Enforcement explaining why no license was obtained and disclosing all the facts an application would have contained.

5. Filling in the application

An application may cover a reasonable estimate of items to be shipped throughout the license’s validity, and a new application may be filed before the current license expires to keep shipping uninterrupted (15 CFR 748.4(e)). A second application for the same transaction may not be filed while the first is pending (15 CFR 748.4(f)). A resubmission after a return without action or a denial is a new application citing the original Application Control Number in Block 24 (15 CFR 748.4(g)).

The Application Control Number, a letter followed by six digits, is used for tracking and is not a license number (15 CFR 748.6(b)). Applications may be approved or denied in whole or in part, or returned without action, unless the applicant asks for a decision on the whole (15 CFR 748.6(c)). Any items may be combined, but dissimilar items, such as computers and shotguns, may increase the number of reviewing offices (15 CFR 748.6(d)).

Answers are continuing representations of the facts (15 CFR 748.6(f)). Any material or substantive change is promptly reported to BIS, whether the license is pending or granted. An extended validity period is generally granted for multi-year projects or production lead times, but not normally for a continuing need for spare parts (15 CFR 748.6(g)). Emergency processing may be requested, and BIS expedites when, in its sole judgment, the circumstances justify it (15 CFR 748.4(h)).

6. Electronic accounts and special requirements

Electronic filers register on the Simplified Network Application Processing system, known as SNAP-R, giving the filing entity’s details and naming an account administrator, who certifies the information and authority (15 CFR 748.7(b)). The administrator adds and removes users, manages their status and resets passwords (15 CFR 748.7(c)). BIS generally treats users as acting within their authority, so parties should promptly remove users who are no longer authorized (15 CFR 748.7(e)). Filing entities and users keep their identifying information accurate (15 CFR 748.7(f)).

Some applications must meet additional requirements in supplement no. 2 to part 748 (15 CFR 748.8). They include chemicals, computers and telecommunications, intransit shipments, technology, temporary exports, reexports, firearms, satellites, 600 series major defense equipment and License Exception STA (Strategic Trade Authorization) eligibility requests. A note states that the affiliates rule paragraph is stayed until November 9, 2026 (15 CFR 748.8(aa)). Support documents are covered in support documents for license applications.

Key terms

Exporter	The U.S. principal party in interest who controls the export.
Routed export	A transaction where the foreign principal party controls the export.
Ultimate consignee	The principal party abroad who receives the items.
Application Control Number	The tracking number of an application, not a license number.
Account administrator	The person who manages a filer’s SNAP-R users.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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