How do I know whether a product is subject to export controls?
Updated: 2026-10-16
Short answer
Check the product's technical specifications, origin, classification, destination, end user, and intended end use against the export-control rules that apply to your transaction. Military goods, dual-use items, sensitive software or technology, and some ordinary commercial products can be controlled. A customs HS code alone is not enough to determine export-control status.
Identify the Relevant Export-Control Jurisdiction
Determine which export-control laws may apply based on the product's origin, content, technology, exporter, destination, and transaction. For example, U.S.-origin items and certain foreign-made products containing or derived from controlled U.S. content or technology may be subject to U.S. rules. The UK and EU maintain their own regimes for military and dual-use goods. Do not assume that exporting from a country automatically removes controls associated with the product's origin or technology.
Determine the Product's Export-Control Classification
Review the technical characteristics and identify whether the item appears on the applicable control list. Under the U.S. Export Administration Regulations, many items are classified by an Export Control Classification Number (ECCN), while some items subject to the EAR are designated EAR99. EAR99 does not mean that every transaction is automatically permitted; destination, end user, end use, sanctions, and other controls can still trigger restrictions or licensing requirements. Ask the manufacturer or developer for a classification, but verify that it is accurate and current.
Check the Destination, End User, and End Use
A licence requirement may depend not only on the product but also on where it is going, who will receive or use it, and for what purpose. Screen all relevant transaction parties and investigate military, nuclear, missile, surveillance, or other restricted end uses where relevant to the item. Unclear end-user details, unusual routing, requests to omit information from documents, or a destination that does not fit the buyer's business can require further review.
Consult Official Classification and Licence Resources
For U.S. transactions, begin with the Bureau of Industry and Security's guidance at https://www.bis.gov/licensing and https://www.bis.gov/licensing/classify-your-item. For UK transactions, review the strategic export controls guidance and relevant control lists at https://www.gov.uk/guidance/uk-strategic-export-controls. For EU dual-use goods, consult Regulation (EU) 2021/821 and the current control-list updates at https://policy.trade.ec.europa.eu/news/2025-update-eu-control-list-dual-use-items-2025-09-08_en. Use the appropriate national authority for any other jurisdiction involved.
Obtain Authorisation Before a Controlled Shipment
If the item or transaction may require an export licence, do not ship or transfer the controlled goods, software, or technology until the applicable licensing position is resolved. Confirm whether an authorization, licence exception, general licence, or other exemption is available and whether its conditions can be met. Classification errors can lead to shipment delays, penalties, or other legal consequences. For complex products or unclear end uses, consult an export-control specialist or the responsible government authority.