Tom Reynolds, Esq.

International trade, investment & technology lawyer

Former U.S. government trade official

Understanding BIS: Key to Exporting Tech Safely

A part of the Trade & Tech Agency Spotlight Series

Agency: Bureau of Industry and Security (BIS)
Parent: U.S. Department of Commerce
Mission: “The Bureau of Industry and Security advances national security through technology leadership and vigilant export controls.”

Tech Connect: BIS enforces controls on the export of technology, software, and high-tech commodities, equipment, etc. Many of these items are considered to be “dual-use”: they can be effectively used in industry or in a military application. If your company is involved in tech and sales abroad, it should know about BIS. The agency is quite possibly the most important trade agency for many tech companies.

Administrative penalties for each violation can be up to $300,000+, denial of export privileges, exclusion from practice, and seizure and forfeiture of property. Criminal violations can lead to fines of up to $1,000,000 per violation, 20 years in prison, and other sanctions or measures.

Sample items controlled:
– Integrated circuits
– Computers
– Quantum computers
– Software
– High-speed cameras
– Optical sensors
– Avionics
– Unmanned Aerial Vehicles (UAVs)
– Electromagnetic isotope separators
– Lithium isotope separation facilities or plants

Where to Get Started :
https://www.bis.gov/
https://www.bis.gov/learn-support
https://www.federalregister.gov/agencies/industry-and-security-bureau
https://www.regulations.gov/search/docket?agencyIds=BIS&sortBy=lastModifiedDate&sortDirection=desc
https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C

Recent News:

  • Fiber laser expert convicted by a federal jury of economic espionage and theft of trade secrets (11/05/2025): Technology to create specialty optical fibers, including for fiber laser weapons capable of shooting down drones and missiles. Criminal conviction involved the intersection of export controls, economic espionage, trade secrets, and intellectual property.
  • BIS Reaches Administrative Enforcement Settlement with Luminultra Technologies, Inc. (09/29/2025): Technology at issue involved luminometers and aqueous test kits to be used to test any kind of water system, including cooling water and ballast water. Administrative violation alleged was an export to Iran without the required export license from BIS.

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