How BIS reviews license applications

← All Insights

1. What part 750 covers

Part 750 of the Export Administration Regulations (EAR) describes how the Bureau of Industry and Security (BIS) reviews license applications and the processing times that apply (15 CFR 750.1). It also covers the issuance, revocation and suspension of licenses, denials, duplicate or replacement licenses, transfers, shipping tolerances and how to get the status of a pending application.

2. How BIS reviews an application

BIS conducts a complete analysis of each application and all supporting documentation (15 CFR 750.3(a)). Beyond the item and the end-use, it considers the reliability of each party to the transaction and reviews any available intelligence information. To the maximum extent possible, BIS decides without referring applications to other agencies, though it may consult any U.S. department or agency.

3. Which agencies may review

The Departments of Defense, Energy and State and the Arms Control and Disarmament Agency have authority to review any license application (15 CFR 750.3(b)(1)). BIS may also refer applications to other agencies where appropriate. An agency that does not need to see certain types of applications gives BIS a Delegation of Authority to process them without its review.

These agencies are generally concerned with items controlled for national security, missile technology, nuclear nonproliferation and chemical and biological weapons reasons, or destined for countries or end uses of concern (15 CFR 750.3(b)(2)). Defense focuses on national security and regional stability items and on encryption controls (15 CFR 750.3(b)(2)(i)). Energy focuses on nuclear nonproliferation items (15 CFR 750.3(b)(2)(ii)).

State focuses on national security, nuclear nonproliferation, missile technology, regional stability, anti-terrorism and crime control items, and sanctions (15 CFR 750.3(b)(2)(iii)). Justice is concerned with encryption items and items primarily useful for the surreptitious interception of wire, oral or electronic communications (15 CFR 750.3(b)(2)(iv)).

4. The overall time limit and registration

All license applications are resolved or referred to the President no later than 90 calendar days from the date BIS registers them (15 CFR 750.4(a)(1)). Processing times are counted in calendar days. The procedures apply to applications registered on or after February 4, 1996.

Properly completed applications are registered promptly on receipt, meaning entered into BIS’s electronic license processing system (15 CFR 750.4(a)(2)). If deficiencies prevent registration, BIS tries to contact the applicant, and if it cannot, it returns the application unregistered with a notice listing the deficiencies. A registered application with deficiencies crucial to processing that BIS cannot resolve is returned without action, with a notice of the problem and the fix. A resubmission counts as a new application for timing purposes.

5. The first nine days

Within 9 days of registration, BIS takes the appropriate step (15 CFR 750.4(c)). It contacts the applicant if more information is needed, the application is improperly completed or support documents are missing (15 CFR 750.4(c)(1)). It checks that the stated classification is correct (15 CFR 750.4(c)(2)). It returns the application with a statement if no license is required (15 CFR 750.4(c)(3)).

Or it approves the application or gives notice of intent to deny (15 CFR 750.4(c)(4)). Otherwise it refers the application electronically, with its recommendations and analysis, to all agencies at the same time, unless a Delegation of Authority applies (15 CFR 750.4(c)(5)). Relevant information not in the electronic file goes in paper copy at the same time. Agencies that have issued a Delegation of Authority do not receive referrals of the application types it covers (15 CFR 750.3(b)(1)).

6. Agency review and interagency groups

Within 10 days of a referral, a reviewing agency tells BIS of any information missing from it, and BIS promptly asks the applicant (15 CFR 750.4(d)(1)). The time between the agency’s request and its receipt of the information is not counted. Within 30 days of the initial referral, the agency recommends approval, with or without conditions or riders, or denial (15 CFR 750.4(d)(2)).

Recommendations may draw on interagency groups chaired by the Department of State. The Missile Technology Export Control Group reviews missile technology applications and others destined for countries or end uses of missile concern (15 CFR 750.4(d)(2)(i)). The SubGroup on Nuclear Export Coordination does the same for nuclear nonproliferation (15 CFR 750.4(d)(2)(ii)). The Shield does so for chemical and biological weapons (15 CFR 750.4(d)(2)(iii)). The Remote Sensing Interagency Working Group reviews certain remote sensing spacecraft, components and technology under Export Control Classification Numbers (ECCNs) 9A515 and 9E515 (15 CFR 750.4(d)(2)(iv)).

7. Recommendations to deny

An agency recommending denial gives a statement of reasons consistent with the Export Administration Act or the EAR, citing both the statutory and the regulatory basis (15 CFR 750.4(e)). An agency that fails to give a recommendation within 30 days, with a statement of reasons supported by that basis, is deemed to have no objection to BIS’s final decision.

8. Intent to deny and final denial

If BIS intends to deny an application, it notifies the applicant in writing within 5 days of the decision (15 CFR 750.6(a)). The notice states the intent to deny and the statutory and regulatory basis. To the extent consistent with U.S. national security and foreign policy, it gives the specific considerations behind the decision. It also says what modifications or restrictions, if any, would allow reconsideration, names a BIS representative who can discuss the issues, and explains the appeal procedures.

The applicant has 20 days from the notice to respond before the application is denied (15 CFR 750.6(b)). If it responds, BIS advises whether the decision has changed. Unless BIS so advises by the 45th day after the notice, the denial becomes final without further notice. The applicant then has 45 days from the final denial to appeal under part 756. How the clock stops and how disputes escalate is covered in license processing clocks and escalation.

Key terms

Registration	Entry of an application into BIS’s processing system, which starts the clock.
Referral	Sending an application to other agencies for review.
Delegation of Authority	An agency’s waiver of review for certain application types.
Returned without action	An application sent back because of crucial deficiencies.
Deemed no objection	The result when an agency gives no reasoned recommendation within 30 days.

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.

How Sentfore supports this

Lead times for licenses affect program schedules. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.