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This is a U.S. Bureau of Industry and Security (BIS) and EAR-centered framework. It is not a complete sanctions or export-control procedure for every country, product jurisdiction, or foreign law. Classification, licensing, and jurisdiction decisions remain transaction-specific.
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What the screening decision must establish
The practical question is not simply “Is this company on a list?” You need enough reliable information to decide whether the proposed transaction can proceed under the EAR and any other applicable rules. That means evaluating five connected facts:
- Who is involved: customer, distributor, purchaser, applicant, consignee, end user, owners, affiliates, managers, technical leaders, brokers, freight forwarders and payment parties.
- What is being supplied: semiconductor devices, equipment, software, technology, design files, technical support or services, including the configuration and quantity.
- Where the item will go and where it may be reexported or transferred.
- Why it will be used, including the actual end user and application.
- How the transaction is structured: contracts, invoices, shipping route, intermediaries and payment source.
BIS’s Know Your Customer guidance says that, when no red flags appear and no specific EAR requirement demands more, a firm may generally rely on information received. The same guidance requires the firm to check suspicious circumstances when red flags arise. It also states that the guidance does not change or interpret the EAR. Treat that as a knowledge-and-inquiry standard, not as a substitute for licensing analysis.
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Step 1: Define the transaction and regulatory scope
Start with a written transaction record before searching names. Screening the wrong product, destination or party can create false comfort.
Capture the item and technology
- Part number, device family, process node or performance characteristics where relevant.
- Hardware, software, technology, design files, technical data, installation, training and support included in the deal.
- Proposed quantity, configuration, customisation and whether samples, replacements or engineering units are included.
- U.S.-origin content, U.S.-controlled technology, foreign-produced items subject to the EAR, and the proposed classification if one has been established.
The sources cited here do not determine an ECCN, an item’s jurisdiction, a license requirement or an authorization. Obtain a classification and scope analysis appropriate to the transaction instead of assuming that a commercial semiconductor is EAR99 or that a foreign-made item is outside the EAR.
Capture all locations and roles
Record the ship-from location, destination, installation site, intended country of use, possible reexport or transfer locations, and every party’s role. A distributor may be the purchaser while a different entity is the consignee or end user. BIS explains that restrictions can apply when a listed party is a party to the transaction, not only when it is the ultimate end user. Review the full chain before deciding that an intermediary is immaterial.
Identify other applicable controls
Check the relevant EAR end-user, end-use, destination and U.S.-person restrictions, as well as sanctions and other laws that apply to your company or transaction. BIS’s overview of end-user and end-use controls explains why an end-use or end-user restriction can matter even when an item classification or destination alone would not otherwise require a license. Some restrictions can apply to EAR99 items.
Step 2: Screen every relevant transaction party
Use current official resources, beginning with the Consolidated Screening List (CSL) resources identified by BIS. The CSL combines specified lists maintained by Commerce, State and Treasury. BIS lists included in the overview include the Denied Persons List, Entity List, Unverified List and Military End-User List.
Names to screen
| Party or person | Why it matters | Information to capture |
|---|---|---|
| Customer and distributor | They may be the purchaser, exporter, reexporter or another transaction party. | Legal name, trading names, registration number, address, website and business description. |
| Purchaser, applicant and consignee | The party signing, applying for authorization or receiving the goods may trigger a restriction even if another company is called the “end user.” | Exact legal identity, role, address and documents showing the relationship. |
| Stated end user | End-use and end-user controls can apply independently of a list result. | Legal name, facility address, ownership, application and internal contact. |
| Parents, subsidiaries and affiliates | Corporate hierarchy, common control and shared addresses can reveal a listed connection or diversion route. | Ownership percentages, control rights, registrations and group structure. |
| Ultimate beneficial owners | A distributor with no direct name match may still be controlled by a restricted person or entity. | Ownership chain to the natural persons or public bodies that control it. |
| Directors, senior managers and technical leaders | Leadership overlap with a listed entity can contradict the customer’s description of independence. | Names, positions, prior employers, board roles and technical affiliations. |
| Brokers, agents and freight forwarders | Intermediaries can conceal the destination or end user and may themselves be restricted. | Legal identity, location, role, routing instructions and contract party. |
| Invoice and payment parties | An unrelated third-country payer or inconsistent invoice party can indicate diversion or undisclosed control. | Invoice names, bank-account holder, payer location and explanation for any mismatch. |
Search spelling variants, former names, local-language transliterations and addresses. Preserve the search date, tool used, terms searched and results. A potential match is not a final determination: compare the list entry’s address, aliases, ownership, effective date, restrictions and party role with the transaction facts.
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Step 3: Analyze a list result instead of treating every hit alike
List restrictions are entry- and transaction-specific. For each possible match, read the actual entry and determine:
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- Whether the entry applies to exports, reexports, transfers, services, U.S. persons or another activity.
- Whether the transaction’s item, destination and party role fall within the entry’s scope.
- What license requirement, policy, exception or license terms are stated in the applicable rule.
- Whether the match is a false positive caused by a common name, different address or different legal entity.
For Entity List entries, consult the entry-specific text in 15 CFR § 744.16 and the current entry itself. Do not tell a sales team that “the company is on a list” without stating which list, which entry, which activity and what authorization analysis follows.
The reverse error is equally dangerous. A clear CSL search does not automatically permit shipment. BIS identifies diversion-risk communications beyond public lists, including supplier lists, red-flag letters and “is informed” letters. Those sources can add facts that a public-name search will never show; see BIS’s diversion-risk guidance.
Step 4: Look through ownership, corporate structure and people
Request an ownership chart and verify it against reliable corporate records, filings, company websites and transaction documents. Trace each parent and controlling owner until the ultimate beneficial owner or controlling government is identified. Note minority holdings that include control rights, nominee arrangements, recent ownership changes and entities sharing a registered or operating address.
Questions to resolve
- Does a parent, subsidiary or affiliate have a current or former restricted-party name?
- Do directors, senior managers or technical leaders also work for, advise or control a listed entity?
- Are the customer’s offices, laboratories, domains or telephone numbers co-located with another company?
- Do public records contradict the customer’s claimed business, ownership or independence?
- Has the entity changed its name, address, owners or directors shortly before the order?
BIS’s additional due-diligence prompts specifically call out corporate-hierarchy matches, leadership overlap, invalid or co-located addresses and contradictions in public records. A distributor’s contractual statement that it is independent does not resolve an objectively suspicious ownership or management connection.
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Ask for a plain-language end-use and end-user statement, then test it against independent facts. A credible explanation should fit the buyer’s products, facilities, staff, technical capacity, size, destination and requested configuration.
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Fit the item to the customer
- Does the customer’s industry actually use this type and performance level of semiconductor?
- Can its reported facilities, engineers and production lines handle the quantity and configuration?
- Is the requested volume proportionate to its revenue, installed capacity and known projects?
- Does the destination have a plausible installation or manufacturing site?
- Are unusual requests for advanced features, unusually broad software access or unnecessary technical support explained?
Ask direct, answerable questions
- Who will physically receive and install the item?
- What product, machine or system will incorporate it?
- Where will design, testing, production and support occur?
- Which other companies or government customers are involved?
- Why is this quantity and configuration needed now?
- Will the item be reexported, transferred or accessed by another entity?
BIS red-flag examples include reluctance to disclose end use, a product that does not fit the buyer’s line of business, little business background, unfamiliarity with product performance, refusal of routine installation or training, vague delivery plans and a destination or configuration inconsistent with the product. Treat these as inquiry triggers, not proof that the customer is violating the law.
Step 6: Trace shipping, documents and payment
Compare the commercial story with the physical and financial trail. Obtain the purchase order, sales contract, end-user statement, bill of lading or airway bill, packing list, commercial invoice, routing instructions, import documentation and payment details.
| Review area | Lower-risk pattern | Inquiry trigger |
|---|---|---|
| Route | Direct or commercially logical route to the declared facility. | Several third-country forwarding steps, an unusual transit hub or a freight forwarder shown as final destination. |
| Consignee | Consignee matches the documented recipient and installation site. | Consignee differs from the end user without a clear logistics explanation. |
| Invoices | Seller, buyer, consignee and payer are consistent. | Invoice parties do not match the contract or shipment documents. |
| Payment | Payment comes from the contracting customer or an explained group treasury account. | Payment comes from an unrelated third-country entity or an account inconsistent with the buyer. |
| Delivery plan | Named facility, installation date and responsible staff are identified. | Vague delivery instructions, last-minute route changes or pressure to omit details. |
BIS’s due-diligence prompts identify multiple third-country forwarders, a freight forwarder as final destination, mismatched invoice parties and unexplained third-country payments as reasons for further scrutiny. Ask the customer to explain each discrepancy and obtain corroborating documents; do not “solve” it by accepting a new assurance without checking the underlying facts.
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Step 7: Investigate and document every red flag
When a red flag appears, stop treating the transaction as routine. Create an inquiry record that another reviewer can understand without relying on informal conversations.
- Describe the trigger. Quote the inconsistent address, unexplained route, ownership overlap, end-use mismatch or other fact.
- Ask a specific question. Request the missing end user, facility address, ownership document, technical explanation or payment rationale.
- Set an evidence standard. Identify what would corroborate the answer: registry records, contracts, facility photographs, purchase orders, technical descriptions, shipping documents or an independent corporate filing.
- Compare the answer with the whole file. Check whether the explanation fits the item, quantity, business, destination and other parties.
- Record the decision. State why the concern was resolved, why it remains unresolved, or why the matter was escalated.
- Pause when necessary. If material facts remain suspicious or a required authorization is uncertain, hold the transaction for export-compliance or legal review.
Do not let a distributor’s warranty, end-user certificate or non-diversion clause replace factual inquiry. Those documents can be useful evidence, but they do not erase contradictory information.
Semiconductor foundry guidance: when design files matter
BIS issued foundry-specific guidance on August 16, 2022. Its foundry FAQ says that new design files from a new customer can be a red flag when similar designs were previously received from a company on the Entity List. A foundry may consider comparing incoming GDSII files with its existing library to identify similarities.
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The same FAQ says that when a supplier knows an Entity List customer is using a third party to disguise its involvement in a transaction subject to the EAR, the supplier should refrain from the transaction or submit relevant information in a license application. This is specialized foundry guidance. It should not be generalized into a rule that every semiconductor distributor must perform design-file matching. Distributors should instead identify whether they handle design data or technical services and apply the controls and inquiry appropriate to that activity.
Use a decision matrix before release
Use the following axes to make the review consistent. They organize judgment; they do not replace the EAR analysis or a license determination.
| Review axis | Proceeding posture | Escalation posture |
|---|---|---|
| List status | No reliable match after aliases and identifiers are checked. | Potential match requiring entry-specific analysis, or a listed party is involved in the transaction. |
| Ownership and people | Ownership, addresses and leadership are documented and consistent. | Unexplained control, shared address, leadership overlap or corporate-hierarchy connection. |
| End use | Application fits the customer’s business, capacity, item and quantity. | Stated use conflicts with capabilities, product profile, destination or requested volume. |
| Information quality | Complete, prompt and corroborated end-user information. | Evasive, contradictory or repeatedly changing explanations. |
| Route and payment | Commercially logical route, documents and payer. | Unexplained intermediaries, third-country forwarding, invoice mismatch or unrelated payer. |
| Authorization | Applicable classification, restrictions and license terms have been reviewed. | Required authorization is uncertain, unavailable or inconsistent with the transaction. |
Only release the transaction when the relevant concerns are resolved and the authorization analysis supports the proposed activity. A “no match” result is one input to that decision, not the decision itself.
Build the workflow into daily operations
Assign ownership
Define who collects customer information, who performs list screening, who validates ownership and end use, who approves exceptions and who can place a shipment on hold. Sales staff should know that a hold for unanswered questions is a compliance control, not a service failure.
Use a single transaction file
Keep the party identifiers, search results, ownership chart, end-use statement, classification and licensing analysis, contracts, invoices, routing, payment explanation, inquiries, evidence and approval in one controlled record. Restrict editing after approval or preserve version history.
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Set change-based re-screening
BIS materials cited here do not establish a universal screening interval. Re-screen when a party, owner, manager, address, destination, end use, product scope, route, payment party, applicable list or rule changes. Apply the timing and triggers in your company’s risk-based process, with extra review for long-running distributor relationships and repeat orders whose facts have changed.
Train the people closest to the transaction
Sales, customer service, logistics, engineering and accounts receivable often see red flags first. Teach them to report unusual routing, evasive answers, sudden ownership changes, requests to omit an end user, technical details that do not fit the customer and payments from unexpected entities. They do not need to make the legal determination; they need to preserve the fact and escalate it.
Common mistakes and how to correct them
“The distributor is not listed, so it is safe.”
Correct the assumption by screening owners, affiliates, managers, end users, forwarders and payment parties, then testing the transaction for end-use and diversion concerns.
“A clean CSL result authorizes shipment.”
Correct it by reviewing the actual list entries, item and destination rules, end-use and end-user restrictions, license terms and non-list diversion information. BIS’s red-flag resource emphasizes intermediary and transshipment themes that a name search cannot resolve.
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Correct it by comparing the certificate with corporate records, technical capacity, shipping documents and payment data. A document that conflicts with objective facts is itself a reason to inquire.
“Every red flag means the customer is prohibited.”
Correct it by documenting the question, evidence and explanation. A red flag is an indicator for scrutiny; the transaction may be explainable, but it should not proceed while material concerns remain unresolved.
“The same procedure applies to every semiconductor business.”
Correct it by tailoring controls to the activity. A foundry handling design files may face the specific GDSII comparison concern described in BIS’s 2022 FAQ, while a distributor that never receives design data should not be assigned that specialized task without a factual reason.
What to retain in the final approval record
- Exact legal names, aliases, addresses and roles for every transaction party.
- Search dates, search terms, list sources and copies or links to relevant entries.
- Ownership, control, affiliate, management and technical-leadership analysis.
- Item description, configuration, quantity, classification work and destination analysis.
- End-use and end-user statements plus corroborating evidence.
- Contracts, purchase orders, invoices, routing documents, consignee details and payment explanations.
- Every red-flag question, response, supporting document, reviewer and decision date.
- Any license, exception, advisory opinion, hold, escalation or legal determination relied on for release.
That record lets the company explain not only what it searched, but why the facts supported release—or why it stopped the transaction.
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