Export Controls in the United States

Defense or Military Controls & Licenses

The United States Government views the sale, export, and re-transfer of defense articles and defense services as an integral part of safeguarding U.S. national security and furthering U.S. foreign policy objectives. The Directorate of Defense Trade Controls (DDTC) is charged with controlling the export and temporary import of defense articles and defense services covered by the United States Munitions List (USML).

Defense Trade Export Controls and Licenses

By law, all U.S. manufacturers, exporters, and brokers of commodities covered by the U.S. Munitions List must register with the Department of State.

Defense Trade Controls – Applying for a License

Generally, any person or company who intends to export a defense article, technical data, provide defense services or engage in brokering must obtain the approval from the Directorate of Defense Trade Controls (DDTC) prior to the export.  You can submit and apply via the website for certain of the preceding authorizations.

Defense Trade Information Center

The Defense Trade Information Center provides the Electronic Licensing System to U.S. persons who seek to export defense articles or defense services regulated by the ITAR.

Compliance

To ensure compliance with U.S. export law and regulations, the DDTC strongly advises that registered exporters and manufacturers have in place programs that assist in monitoring defense trade activities. These programs should include a manual that articulates the company’s policy on and commitment to compliance with defense trade laws and regulations, and that outlines the procedures for dealing with licensing and compliance matters. Such a manual should also include the identification and duties of empowered and responsible persons, and procedures on record keeping and internal auditing.

Commodity Jurisdiction

An exporter should request a “commodity jurisdiction” (CJ) determination to resolve any uncertainty regarding the export licensing jurisdiction of an item or service. A CJ is used to determine whether an item or service is subject to the export licensing authority of BIS or DTC.

Response Team

The DDTC Response Team provides responses to the full range of defense trade inquiries, and can significantly facilitate your defense trade solutions while affording licensing and other officers in DDTC more time for casework. By handling telephone calls from industry and the public, it supports the work of licensing and compliance officers by allowing them to focus on their core activities.

Section 655 Annual Military Assistance Reports are provided to Congress and show for a fiscal year the aggregate dollar value and quantity of defense articles and defense services authorized as direct commercial sales to each foreign country. Note that these reports do not cover defense articles and services that are provided via the Foreign Military Sales (FMS) program.

To contact the DDTC and for assistance in helping companies comply with U.S. export law and regulations, contact The DDTC Response Team.

High-performance computer export controls

Find more information on High-performance computer export controls in relation to the Export Administration System in the legal Encyclopedias.

Foreign Asset Control for Exporters and Importers

Find more information on Foreign Asset Control for Exporters and Importers in relation to the International Trade Control Law, including the International Emergency Economic Powers Act (IEEPA) in the legal Encyclopedias.

Export Controls and the International Trade Law

Resources

See Also

Further Reading

• Export Controls entry in the Dictionary of International Trade Law (Raj Bhala)
• Export Controls entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
• Export Controls entry in the Dictionary of International Trade
• Export Controls entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)