Legal Definitions - BIS

The Bureau of Industry and Security (BIS) is an agency within the United States Department of Commerce. Its primary mission is to advance U.S. national security, foreign policy, and economic interests by regulating the export and re-export of sensitive "dual-use" items, software, and technology. Dual-use items are those that have both commercial and potential military or proliferation applications. BIS achieves this through a system of export controls, licensing requirements, and enforcement actions, ensuring that American goods and technologies do not contribute to activities detrimental to U.S. interests.

Here are some examples illustrating the role of BIS:

• Scenario: Exporting Advanced Technology

  A U.S. company develops cutting-edge microprocessors that are essential for high-performance computing but could also be used in advanced military systems. When a foreign company in a country with a questionable human rights record attempts to purchase a large quantity of these microprocessors, the U.S. company must apply for an export license from BIS. BIS will review the application to determine if exporting these dual-use components aligns with U.S. national security and foreign policy objectives, potentially denying the license if the risk of misuse is too high.

• Scenario: Investigating Export Control Violations

  An American manufacturer of specialized industrial sensors inadvertently ships a batch of these sensors to an entity in a country subject to U.S. trade restrictions, without obtaining the necessary export license. Upon discovering the unauthorized shipment, BIS would launch an investigation into the manufacturer. If a violation of export control regulations is confirmed, BIS could impose significant fines, revoke the company's export privileges, or pursue other enforcement actions to penalize the non-compliance and deter future violations.

• Scenario: Guidance on Emerging Technologies

  A university research lab in the U.S. invents a novel material with properties that make it ideal for both lightweight commercial aircraft components and advanced missile casings. Before the university can license this technology to a foreign partner for commercial development, it would consult BIS regulations and guidance. BIS regularly updates its Commerce Control List (CCL) to include emerging technologies, and the university would need to understand if and how this new material is controlled for export to ensure any future international collaborations comply with U.S. law.