Sometimes the question is not "what is the ECCN?" but "how does the EAR apply here?" — does this activity count as an export, does this rule reach this transaction, is a licence needed for this arrangement? For those questions, BIS offers advisory opinions.
What an advisory opinion is
Under § 748.3(c) of the Export Administration Regulations (EAR), anyone may ask BIS for its view on how the EAR applies to a specific, described situation. BIS answers in writing. The opinion addresses the facts you give — it is not a general ruling, but BIS will generally act consistently with it for those facts.
When to ask for one
- the scope of the EAR — for example whether an activity is an export, reexport or release;
- whether a licence is required for a described transaction;
- how a new rule applies to your business model;
- whether published information or fundamental research exclusions apply;
- how cloud, remote access or software arrangements are treated.
Advisory opinion vs. classification request vs. CJ
- Classification request (CCATS) — "which ECCN is this item?" See self-classification vs. a BIS request.
- Advisory opinion — "how does the EAR apply to this situation?"
- Commodity jurisdiction — "is this ITAR or EAR?" (DDTC). See commodity jurisdiction requests.
What to include
- A precise description of the facts — parties, items, technology, flows.
- The classification of the items involved.
- The specific question.
- Your analysis and proposed answer, with the EAR provisions relied on.
- Any confidential information clearly marked.
Requests can be submitted through SNAP-R or in writing, as BIS directs.
Using published opinions
BIS publishes selected advisory opinions with identifying details removed. They show how BIS reads the rules — for example earlier opinions on cloud computing services and on the release of technology. Use them as guidance, noting that they apply to their facts and to the rules in force at the time. See cloud computing and export controls.
Practical tips
- keep the question narrow and answerable;
- propose the answer you believe is right, with reasons;
- do not ask about hypothetical situations you are not actually facing;
- allow time — opinions are not immediate;
- keep the opinion with your compliance records.
Frequently asked
Is an advisory opinion binding? It reflects BIS's view on your facts; if the facts differ, it may not apply.
Can I ask anonymously? Requests are made by identified parties; published versions remove identifying details.
In ECCN.help
Most advisory opinion requests start with a clear classification of the items involved. The ECCN.help Classification Workflow provides that, rule-based with no AI, with the rule behind the answer recorded.
ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.