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U.S. Government Agencies with Jurisdiction over Exports

BUREAU OF INDUSTRY AND SECURITY (BIS)

The BIS is a U.S. Department of Commerce agency charged with advancing U.S. national security, foreign policy, and economic interests.  Specifically, BIS is responsible for implementing and enforcing the Export Administration Regulations (EAR) which govern the export and re-export of most commercial items.  These items are generally known as dual-use items and have both commercial and military or proliferation applications.  The EAR is found in the Code of Federal Regulations (CFR) at Title 15, section 730-774.

DIRECTORATE OF DEFENSE TRADE CONTROLS (DDTC)

The DDTC, part of the State Department’s Bureau of Political-Military Affairs, promulgates and enforces the international Traffic in Arms Regulations (ITAR) (Title 22 CFR 120-130), in accordance with §§ 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780).  The DDTC is charged with controlling the export and temporary import of defense articles and defense services covered by the United State Munitions List (USML).  It has among its primary missions: adjudicating license applications for exports of defense articles and services; handling matters related to defense trade compliance and enforcement; and providing reports to the Congress and the public on defense trade.

OFFICE OF FOREIGN ASSETS CONTROL REGULATIONS (OFAC)

OFAC is part of the U.D. Department of the Treasury, and administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction.  OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction.  OFAC regulations are found at Title 31 CFR 500-597.  OFAC regulations apply to all persons subject to U.S. jurisdiction.  This includes American citizens and permanent resident aliens wherever they are located; any individual or entity located in the U.S.; corporations organized under U.S. laws, including foreign branches; and – solely in the case of Cuba and North Korea – entities owned or controlled by any of the above (including foreign-organized subsidiaries of U.S. corporations).  Persons subject to U.S. jurisdiction are also prohibited from dealing with specific entities or individuals known as “Specially designated nationals,” found in the Specially Designated Nationals List (SDNL), appended to the OFAC regulations.  No one subject to U.S. jurisdiction may participate in any activity with anyone on the SDNL.

NUCLEAR REGULATORY COMMISSION (NRC)

NRC is an independent agency charged with regulating the Nation’s civilian use of byproducts, source and special nuclear materials to ensure the adequate protection of the public’s health, safety, and environment as well as the export and import of nuclear equipment and material.  The office of International and Advanced Studies Office, Export Controls, and International Organizations Branch plans, develops, and implements regulatory cooperation programs with international organizations, and licenses nuclear equipment and material exports and imports.  See Title 10 CFR 110 et.seq.

DEPARTMENT OF ENERGY (DOE)

Pursuant to the Atomic Energy Act, the DOE reviews and authorizes all instances in which U.S. persons engage directly or indirectly in the production of special nuclear material outside the United States.  DOE’s export controls are found at Title 10 CFR 810 et.seq.  The Office of Arms Control and Nonproliferation, Export Control Division, licenses nuclear technology and technical data for nuclear power and special nuclear materials.  DOE’s export controls are found at Title 10 CFR 810 et.seq.

BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS (ATF)

The ATF controls permanent imports of articles and services covered by the U.S. Munitions Import List found at Title 27 CFR 447.21.  The U.S. Munitions Import List does not cover all of the categories by the USML.