You’ve built a fantastic piece of industrial tech. You're ready to go global, but then you're hit with questions about ECCNs, dual-use, and export compliance. Suddenly, shipping your product feels like navigating a legal minefield.

To ship globally without risk, you must classify your product with an ECCN¹, assess if it falls under dual-use² regulations, and check if its performance exceeds specific technical thresholds³ that trigger licensing requirements.

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"Navigating Global Export Controls")

I saw a startup nearly get derailed by this. They had developed a brilliant, high-speed data acquisition system⁴ for geological surveys. They had a big order from a research university in Asia and were ready to ship. Luckily, someone on their team asked, "Hey, are we sure we can just send this?" It turns out the processing speed of their device was so high that it fell under a specific export control category. We had to pause everything while they went through the proper classification and licensing process. It was a huge wake-up call for them and for me: compliance isn't red tape to cut through; it's a critical part of your product design and business strategy.

What Is an ECCN and How Do You Find Yours?

You hear terms like "ECCN" and "EAR99⁵" and it feels like a complex government code you're not equipped to handle. It's tempting to ignore it and hope for the best.

This is simply the government's cataloging system. Your product has a code, an ECCN, and finding it is a process of matching your product's function against the official Commerce Control List⁶ (CCL).

"Finding Your ECCN on the Commerce Control List"

An Export Control Classification Number (ECCN) is an alphanumeric code assigned to a specific item. Think of it as a library Dewey Decimal code for products. It tells customs officials what the item is, what its capabilities are, and what rules apply to it. To find your product's ECCN, you must review the Commerce Control List (CCL), which is maintained by the U.S. Bureau of Industry and Security (BIS). The CCL is broken into ten categories (e.g., Category 3 is Electronics, Category 6 is Sensors). You methodically check your product's specifications against these categories. If your product doesn't meet the specific criteria of any ECCN, it's likely designated as EAR99, which is a baseline classification with the fewest restrictions. However, you can't just assume it's EAR99; you must do your due diligence first.

Navigating the Commerce Control List (CCL)

Is Your 'Civilian' Product Actually a 'Dual-Use' Item?

You built your device for a factory floor or a science lab. You think there is no way it could be considered a security risk, so the rules for military hardware don't apply to you.

Governments view products based on their potential, not their intended use. A high-performance component in your device could also be useful in a military system, making it a dual-use item that requires a license.

"Dual-Use Technology: Civilian vs. Military Application"

A dual-use licence⁷ is often required for items that have both a primary commercial purpose and a potential military or strategic application. The key is that the classification is based on the technology's capability, not your marketing materials or customer list. For example, a high-precision pressure transducer you sell for food processing might also be suitable for applications in the nuclear industry. A fast Analog-to-Digital Converter (ADC) designed for high-end audio equipment could be repurposed for signals intelligence⁸. This is the essence of dual-use. Your company must assess whether the core technology within your product could be attractive for these restricted applications. If the answer is yes, you are likely dealing with a dual-use item and will need to be much more careful about who you sell to and where you ship.

Examples of Dual-Use Technologies

How Do Technical Thresholds Trigger a Licence Requirement?

You've found a product on the market that seems very similar to yours, and it ships freely. You assume your device will be treated the same way by customs and regulators.

This is a dangerous assumption. A slightly faster processor, a more accurate sensor, or a stronger encryption algorithm⁹ can push your product over a specific technical threshold, changing its classification entirely.

"Crossing a Technical Threshold for Export Control"

Technical thresholds are the specific, measurable performance limits written directly into the ECCN definitions. This is where the details are absolutely critical. An ECCN won't just say "controls computers"; it will say "controls digital computers having an 'Adjusted Peak Performance' exceeding X TeraFLOPS." It won't just say "controls cameras"; it will specify a frame rate and pixel count. For products with encryption, the control is often based on the cryptographic algorithm used and the length of the key. Falling on one side of that line means your product is EAR99; exceeding it by even a small margin puts it under a specific ECCN and likely requires a dual-use licence for many destinations. As an engineer, you should be aware of these thresholds during the design phase. If a certain level of performance isn't critical, it might be wise to design just below a known threshold to simplify your global logistics dramatically.

Common Technical Thresholds in Electronics

Conclusion

Navigating export controls demands proactive compliance. You must determine your product's ECCN, understand its dual-use potential, and carefully check every technical threshold to ship legally and without delay.