How to Obtain an Export License (EAR)

You obtain a U.S. export license by classifying your item, checking whether the destination triggers a license requirement, confirming no license exception applies, and then filing an application with the Bureau of Industry and Security through its online SNAP-R system. Most exports never reach the application stage — they ship under EAR99 or a license exception — but when a license is required, the path is well defined. This guide walks it step by step.

A threshold point: this article covers commercial and dual-use items under the Export Administration Regulations (EAR), licensed by the Bureau of Industry and Security (BIS). Defense articles on the U.S. Munitions List are licensed separately by the State Department under the ITAR, and most sanctions-related transactions require authorization from the Treasury’s OFAC. Identify which regime applies before you start.

Step 1: Classify the item

Everything begins with the export classification. Determine your item’s Export Control Classification Number (ECCN) on the Commerce Control List, or confirm it is EAR99 (subject to the EAR but not listed). The ECCN tells you the “reasons for control” — national security, missile technology, chemical and biological weapons, anti-terrorism, and so on — which in turn drive the destination analysis. If you are unsure, you can self-classify or request an official classification (a CCATS) from BIS. For the mechanics, see our ECCN cheatsheet and who is responsible for export classification.

Step 2: Check the Country Chart

An ECCN alone does not tell you whether you need a license — you have to pair it with the destination. Take the reasons for control from your ECCN and cross-reference them against the destination country on the Commerce Country Chart in the EAR. If a box is checked for your item’s control reason and that country, a license is presumptively required unless an exception applies.

EAR99 items usually need no license to most destinations — but always need a hard look when the destination is embargoed, the buyer is a restricted party, or a sensitive end use is involved.

Step 3: Rule out a license exception

Before applying, check whether a license exception already authorizes your shipment. A license exception (set out in Part 740 of the EAR) lets you export an item that would otherwise need a license, provided you meet stated conditions. Common ones cover shipments to close allies, low-value shipments, temporary exports for trade shows, and certain encryption items. If an exception fits, you ship under it — citing the exception on your documentation — and skip the application entirely. If none applies, move to the application.

Step 4: Gather your supporting information

A complete application moves faster and is less likely to be returned. Pull together:

Step 5: File through SNAP-R

BIS export license applications are filed electronically through SNAP-R (the Simplified Network Application Process – Redesign). You will need a SNAP-R account and a company identification number from BIS. Submit the application (Form BIS-748P data) with your supporting documents. BIS reviews the application and, where required, refers it to other agencies — Defense, State, Energy — for concurrence. The agency may approve it, approve it with conditions, return it without action for more information, or deny it.

Step 6: Ship within the license terms — and keep records

An approved license is a conditional permission, not a blank check. It is valid for specific items, quantities, values, end users, and destinations, and it expires. Ship only within those terms; if the deal changes, you may need to amend the license or apply again. The EAR also requires you to keep export records (generally for five years) — applications, licenses, screening results, and shipping documents — and to be ready to produce them if BIS asks. Building this into a written compliance program is the reliable way to stay clean; see our overview of where export compliance starts.

A note on re-exports and deemed exports

Two situations catch exporters by surprise. A re-export — shipping a U.S.-origin item from one foreign country to another — can itself require a BIS license; see our guide on complying with re-export regulations. And a deemed export — releasing controlled technology to a foreign national inside the United States — can require a license as if the technology were shipped to that person’s home country. Our explainer on deemed exports and U.S. trade law covers that trap.

FAQ

How long does a BIS export license take? It varies with the item, destination, and whether other agencies must review it. Straightforward applications can clear in a matter of weeks; those referred to other agencies take longer. Filing a complete, accurate application with a clear end-use statement is the best way to avoid delay.

Do I always need a license to export? No. Most commercial items are EAR99 or qualify for a license exception and ship without an individual license. A license is required mainly when your ECCN and the destination call for one, or when a restricted party, embargo, or controlled end use is involved.

What is SNAP-R? The Simplified Network Application Process – Redesign, the BIS online portal for submitting export and re-export license applications, classification requests, and encryption reviews. You need a registered account and a company identification number to use it.

What is a license exception? An authorization in Part 740 of the EAR that lets you export an otherwise-controlled item without applying for a license, as long as you meet the exception’s conditions. If one applies, you cite it instead of obtaining an individual license.

Facing a license requirement and not sure where to start? Reidel Law Firm prepares flat-fee Import/Export Compliance Memos — classifying your item, checking the Country Chart, identifying any license exception, and mapping the application — with direct access to the trade attorney handling your matter. Request a compliance memo →