When is an export license required under the EAR General Prohibitions, 15 CFR 736.2?

An export license is required under the EAR General Prohibitions, 15 CFR 736.2, when the regulations affirmatively state such a requirement, based on factors including the classification of the item, destination, end user or end use, and conduct.

"The following ten general prohibitions describe certain exports, reexports, transfers (in-country), and other conduct, subject to the scope of the EAR, in which you may not engage unless you either have a license from the Bureau of Industry and Security (BIS) or qualify under part 740 of the EAR for a License Exception from each applicable general prohibition in this paragraph." (15 CFR 736.2(b))

In practice, this means that exporters must review the general prohibitions and License Exceptions to determine if a license is necessary, considering the specific requirements for their item, destination, and end user or end use.

• Review the Commerce Control List and Country Chart to determine license requirements.
• Check if the export is subject to any embargoes or special controls.
• Determine if a License Exception applies to the export.
• Obtain a license from the Bureau of Industry and Security (BIS) if required.