The License Determination Process
Determining whether an export license is required involves a four-step analysis: (1) classify the item, (2) check the Country Chart, (3) screen the end-user, and (4) evaluate the end-use. All four steps must be completed — a license may be required based on any one of these factors even if the others do not trigger a requirement.
This process applies to all items subject to the EAR, including EAR99 items. While EAR99 items are not listed on the CCL, they may still require licenses based on end-user, end-use, or destination restrictions.
Step 1-2: Classification and Country Chart
After classifying your item with the correct ECCN, cross-reference the Reasons for Control listed in the ECCN entry against the destination country using the Country Chart in Supplement No. 1 to Part 738. If an 'X' appears at the intersection of a Reason for Control column and a Country row, a license is required.
For EAR99 items, the Country Chart analysis is not applicable because EAR99 items have no Reasons for Control. However, General Prohibitions 4-10 may still apply based on end-user, end-use, or destination.
Step 3-4: End-User and End-Use
Screen the end-user against the Consolidated Screening List, which includes the Entity List, Denied Persons List, Unverified List, and other restricted party lists. If the end-user appears on any list, additional requirements or prohibitions may apply. Check the end-use for any prohibited activities including weapons of mass destruction, military-intelligence end-uses in certain countries, or activities contrary to U.S. national security.
Even when no license is required based on the ECCN and Country Chart, knowledge of a prohibited end-use or restricted end-user creates a license requirement under General Prohibition 5 (End-Use/End-User).