For transactions subject to the U.S. Export Administration Regulations (EAR), customer screening is one part of an export-authorization process—not a clearance by itself. Check relevant transaction parties and their addresses, assess the item and its classification, destination, end user and end use, and investigate red flags before deciding whether to proceed, seek authorization or decline.
What customer screening can—and cannot—establish
Screening helps identify parties and circumstances that may trigger restrictions or further review. It does not determine on its own whether an export, reexport, transfer or service is authorized. A transaction can raise export-control issues even if a customer is not an exact name match on a list: the item, destination, transaction roles, end user, end use and applicable EAR provisions also matter.
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BIS explains that restrictions may apply to EAR99 items as well as controlled items, and may apply when a restricted party is a party to a transaction, including as purchaser or consignee. Do not treat a screening result as a substitute for item jurisdiction and classification, licensing analysis or review of the facts.
This process is framed around U.S. BIS and EAR guidance. It does not decide whether a particular item or service is subject to the EAR, or whether a specific transaction needs a license. Other national regimes require their own analysis.
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How to build a screening process
Assign responsibility and write procedures
Make export-compliance ownership clear, with management support and a way for sales, operations and technical teams to escalate concerns. Map the organization’s EAR-related activities and risks, then write procedures suited to its products, services, customers and transaction volume. BIS’s Export Compliance Program guidance calls for procedures that address jurisdiction, classification, licensing and screening, alongside recordkeeping, training, audits, suspected violations, corrective action and program maintenance.
Train employees who encounter relevant customer or transaction facts. That can include sales and account teams, order processing, shipping and logistics, cloud onboarding and technical support—not only the compliance function. Review the program as regulations, products, services and business activities change.
Gather the facts needed to assess each transaction
Before approving a transaction, collect enough information to identify the item or service, proposed purchaser, other transaction parties, stated end user, ultimate destination and intended end use. The necessary detail depends on the item, service, destination and applicable EAR provision.
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- Hardware: Identify intermediaries as well as the purchaser and consignee; establish delivery and installation locations and the stated end use.
- Cloud and data-center services: Clarify who will receive access, where relevant infrastructure is located and how the customer intends to use the service. Consider the service users and other parties involved, not just the account holder.
Check whether the information is internally consistent. A customer’s stated use, order size and delivery or installation plans should make sense together.
How to check names and addresses against lists
Screen the relevant parties, not only the named end user
BIS describes the U.S. government’s Consolidated Screening List (CSL) as an aid for finding parties appearing on consolidated Commerce, State and Treasury lists. Use it as one element of the compliance program and screen at the relevant stages of export authorization. Determine which parties need review from the transaction facts; do not limit checks to the person described as the final user.
Check addresses and investigate potential matches
BIS strongly recommends screening both party names and addresses. Compare a possible match using context such as the exact list entry, address, officers, business activities and contact information. A near-match or co-location with a listed entity warrants more diligence; small differences in spelling or formatting do not necessarily make an address meaningfully different.
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A list result is not automatically a legal conclusion. Its effect depends on the entry’s terms, the party’s role, the item and the applicable EAR provision. Some address-based entries can create license requirements for specified transaction roles. Resolve the actual entry and any applicable license requirement before proceeding.
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What export-control red flags look like
General warning signs
BIS’s Know Your Customer guidance in EAR Supplement No. 3 to Part 732 gives examples of circumstances that warrant inquiry. They are indicators, not proof of wrongdoing:
- The customer is reluctant to provide end-use information.
- The order does not fit the buyer’s stated line of business, or the buyer has little discernible business background.
- The customer is unfamiliar with the product but insists on buying it.
- The customer refuses routine installation or training.
- Payment or financing arrangements are unusual for the transaction, such as cash for an expensive item that would ordinarily be financed.
- Delivery instructions are vague or unusual.
Assess a warning sign in context. A screening score or isolated anomaly is not a legal determination, and a plausible explanation should be checked against the rest of the transaction information.
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Additional signals for advanced-computing transactions
BIS’s May 13, 2025 AI Counter-Diversion Industry Guidance identifies additional diligence signals for covered advanced-computing integrated circuits (ICs) and servers containing them. The guidance highlights customers incorporated after October 2022; opaque ownership or an ultimate parent in a destination of concern; unknown installation addresses; implausible consignee or end-user details; proximity to a listed party; and data centers unable to confirm they have the infrastructure needed for the equipment.
BIS also identifies an IaaS provider’s inability to affirm whether its service users are headquartered in the People’s Republic of China (PRC) as a risk signal in this context. The guidance calls for additional scrutiny of data centers at or above 10 megawatts because they may provide access to large quantities of advanced-computing capacity. That figure is a diligence indicator in the 2025 guidance, not a general licensing threshold.
What to do when a red flag appears
- Pause the approval decision. Do not treat an unresolved concern as cleared just because a name check returned no exact match.
- Ask focused follow-up questions. Depending on the concern, clarify the end user, end use, ownership, destination, shipment route, delivery location or installation address.
- Request supporting information when appropriate. Compare customer explanations and documents with the transaction, order and screening facts.
- Escalate unresolved issues. Route the case through the organization’s export-control review procedure. Determine whether the facts require a license, other authorization, further diligence or refusal.
- Record the decision. Document the concern, inquiries, responses, analysis, approval and reason for proceeding, pausing or declining.
BIS’s general guidance says that red flags require checking suspicious circumstances and inquiring about end use, end user or ultimate destination. It also says that, absent red flags or an express EAR requirement, exporters have no general affirmative duty to inquire beyond customer representations. That qualification does not make an unresolved red flag safe to ignore, nor does it replace any specific EAR requirement that applies to a transaction.
Additional diligence for covered advanced-computing sales and services
For relevant transactions involving advanced-computing ICs or commodities containing them, BIS recommends evaluating ownership, end user and end use; notifying prospective customers about destination-sensitive license requirements; and obtaining detailed end-user certifications addressing transaction parties and intended use.
For data-center operations, BIS recommends written attestations about authorized operation and infrastructure. It describes on-site visits or independent third-party audits as a best practice for checking those attestations. These are sector-specific recommendations; assess their relevance to the transaction and applicable rules rather than treating every measure as a universal licensing requirement.
What to keep in the transaction file
Keep a record that lets another reviewer understand what was checked, what concerns arose and why the organization made its decision. A useful file can include:
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- Transaction parties and their roles, item or service details, destination, end user and stated end use.
- Potential matches and how each was resolved, including the relevant list entry and comparison details.
- Red flags, diligence questions, customer replies and supporting documents.
- Jurisdiction, classification and licensing analysis, approvals, and the reason for proceeding, pausing or refusing.
Use the records in program reviews and audits to identify process gaps, apply corrective action and update procedures or training where needed.
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