Commerce Official Urges Patience Amid Export Licensing Delays

Export license applications may be delayed during the COVID-19 pandemic as the Commerce Department prioritizes COVID-19-related applications, a top Commerce official said. Not all government agencies have remote access to Commerce’s unclassified system for license applications, which is also causing longer processing times, said Matt Borman, Commerce’s deputy assistant secretary for export administration.

“We are continuing to process license applications, but probably not at the same speed that we would do if everyone was in the building,” Borman said during an April 29 Information Systems Technical Advisory Committee meeting. “Be patient if your license application decision is taking longer than you would otherwise expect.”

BIS has emphasized reviews of license applications for coronavirus-fighting goods, Borman said, such as thermal cameras that can measure body temperatures or technology “related to work on potential vaccines.” If an export is directly related to COVID-19, industry should indicate that on their applications, Borman said, as well as any “deadlines” for completing the shipment. “I think agencies have been really good about expediting the review of license applications to deal with COVID-19-related circumstances,” he said. “Folks have been very mindful of the need to really look hard but quickly at those and move those along through the system.”

Borman also said BIS is not directly involved with CBP and the Federal Emergency Management Agency in their effort to review exports of personal protective equipment (see 2004200019 and 2004210022). “We don't have a role, per se, in the system that FEMA and Customs and Border Protection have,” Borman said, adding that BIS is focused on reviewing exports with national security and foreign policy implications. If BIS happens to review an item subject to Commerce licensing requirements that also falls in FEMA’s PPE category -- “which are very few,” Borman said -- BIS will proceed with its regular interagency review process before the item is reviewed by FEMA. “If the agencies agree that those should be approved for export, then they still would go through the additional review that FEMA does, which is really more of a domestic supply analysis,” Borman said.

Borman said Commerce is participating in virtual versions of interagency operating committees, which are held to resolve export policy differences among agencies. Those virtual committees will continue indefinitely as Commerce has not been told when employees will return to their offices, Borman said. “All the agencies are engaged in reviewing licenses and providing positions and … having them discussed at the operating committee,” he said. “So, as much as possible, we're trying to continue business as usual.”