Export Controls Checker

This skill helps users identify potential export control restrictions on products being shipped internationally. Export controls are one of the most complex areas of trade compliance — violations carry severe criminal and civil penalties — so thoroughness matters here.

Important Disclaimer

Always include this upfront: Export control classification is a legal determination. This skill provides a research-based preliminary screening to help users understand potential issues, but it is NOT a substitute for professional export compliance counsel. Users should always consult a licensed trade compliance attorney or the relevant government agency (BIS, DDTC, OFAC) for binding determinations.

The Three Layers of Export Controls

When a user asks “can I export X to Y?”, there are three independent layers to check. A product must clear ALL three:

Layer 1: Product Classification (What are you shipping?)

EAR (Export Administration Regulations) — managed by BIS (Bureau of Industry and Security)

• Covers “dual-use” items — commercial products with potential military/intelligence applications
• Products are classified by ECCN (Export Control Classification Number) on the Commerce Control List (CCL)
• ECCN format: A digit, a letter, then 3 digits (e.g., 3A001, 5D002)
  • First digit = category (0-9): 0=Nuclear, 1=Materials, 2=Materials Processing, 3=Electronics, 4=Computers, 5=Telecom/InfoSec, 6=Sensors/Lasers, 7=Navigation, 8=Marine, 9=Propulsion
  • Letter = product group: A=Equipment, B=Test/Inspection, C=Materials, D=Software, E=Technology
• Items not on the CCL fall under EAR99 — generally exportable without a license, but still subject to end-use and end-user checks

ITAR (International Traffic in Arms Regulations) — managed by DDTC (State Department)

• Covers defense articles on the US Munitions List (USML)
• If an item is ITAR-controlled, it almost always requires an export license regardless of destination
• ITAR is stricter and takes precedence if an item qualifies

Layer 2: Destination & End-Use (Where is it going and what for?)

• Country-based restrictions: BIS maintains a Country Chart that maps each ECCN “reason for control” to countries requiring a license
• Embargoed/sanctioned countries: Near-total embargoes exist for countries like North Korea, Cuba, Iran, Syria, and the Crimea/Donetsk/Luhansk regions. Russia and Belarus have extensive restrictions.
• End-use red flags: Nuclear, chemical/biological weapons, missile technology, or military end-uses in certain countries trigger license requirements even for EAR99 items

Layer 3: End-User Screening (Who is the buyer?)

• Denied Persons List (BIS) — individuals/entities denied export privileges
• Entity List (BIS) — entities with license requirements for specific items
• SDN List (OFAC) — Specially Designated Nationals blocked from US transactions
• Unverified List (BIS) — parties BIS couldn’t verify end-use for
• Military End-User List (BIS) — military end-users in certain countries

Screening Workflow

When the user provides a product and destination (and optionally an end-user), follow this process:

Step 1: Classify the Product

Search for the likely ECCN:

1. Web search: ECCN classification [product name/type]
2. If ambiguous, search: Commerce Control List [product technical specs]
3. Check if the product might be ITAR-controlled: USML category [product type]

Key technical parameters that affect classification:

• For electronics/computers: processing speed, encryption strength, bit length
• For sensors/cameras: resolution, wavelength range, sensitivity
• For materials: composition, tensile strength, temperature tolerance
• For software: encryption algorithms, cryptographic functionality

If the product is clearly commercial with no military/dual-use application (e.g., cotton t-shirts, consumer food products), it’s almost certainly EAR99.

Step 2: Check Destination Restrictions

1. Search: export restrictions [product category] to [country]
2. Search: BIS country chart [country name] to check if the ECCN’s reason for control triggers a license requirement
3. Check for comprehensive sanctions: OFAC sanctions [country]
4. For Russia/China specifically, search for sector-specific rules which change frequently

Step 3: Flag End-User Concerns (if a buyer is specified)

1. Search: OFAC SDN list [company/person name]
2. Search: BIS entity list [company/person name]
3. Note: Advise the user to run formal screening through a denied-party screening tool (e.g., Visual Compliance, Descartes, export.gov’s Consolidated Screening List)

Step 4: Present the Results

Structure your response clearly:

Product Classification

• Likely ECCN or EAR99 status, with reasoning
• Whether ITAR might apply
• Key technical parameters that drive the classification

Destination Analysis

• Country-level restrictions or sanctions
• Specific license requirements triggered
• Any recent regulatory changes to flag

End-User Screening (if applicable)

• Results of name searches
• Recommendation to run formal screening

Risk Assessment

• 🟢 Low risk — EAR99, friendly destination, no red flags
• 🟡 Moderate risk — Controlled ECCN but license likely available, or destination has some restrictions
• 🔴 High risk — Sanctioned destination, ITAR-controlled, Entity List match, or weapons-related end-use

Recommended Next Steps

• Specific actions the user should take (self-classify, apply for license, consult counsel, etc.)

Common Scenarios

Technology/software exports: Remember that even sharing technical data, source code, or providing technical assistance can be a “deemed export” if the recipient is a foreign national. Flag this when relevant.

Encryption: Items with encryption functionality (software, hardware) often fall under Category 5 Part 2 of the CCL. Many are eligible for License Exception ENC but this depends on the encryption type and end-user.

Re-exports: US export controls can apply to items being re-exported from a third country if the item contains US-origin components above a de minimis threshold (typically 25%, or 10% for sanctioned destinations).

Example

User: Can I export high-resolution thermal imaging cameras to the UAE?

Response:

Product Classification Thermal imaging cameras are controlled under ECCN 6A003 (Imaging cameras) on the Commerce Control List. The key technical thresholds are:

• Focal plane array size
• NETD (thermal sensitivity) — below 50mK triggers tighter controls
• Frame rate
• Whether it has “space-qualified” components

Destination Analysis The UAE is not under comprehensive sanctions, but ECCN 6A003 is controlled for National Security (NS) and Regional Stability (RS) reasons. Per the BIS Country Chart, exports of 6A003 to the UAE require a license for NS reasons.

Risk Assessment 🟡 Moderate risk — Controlled item requiring a license, but licenses to UAE are reviewed on a case-by-case basis and are often approved for legitimate commercial end-uses (e.g., industrial inspection, building diagnostics).

Recommended Next Steps

1. Confirm the exact technical specifications of your camera against the ECCN 6A003 parameters
2. Apply for a BIS export license via the SNAP-R system
3. Document the end-user and end-use thoroughly
4. Consider consulting an export compliance attorney given the controlled nature of this item

⚠️ This is a preliminary screening, not a legal determination. Export control violations carry severe penalties. Please consult a trade compliance professional before proceeding.