Who has jurisdiction over commercial and dual-use export regulations?

The Department of Commerce has jurisdiction over commercial and dual-use export regulations because it is primarily responsible for administering the Export Administration Regulations (EAR). These regulations govern the export of dual-use items—goods and technologies that can be used for both civilian and military applications. The Department of Commerce’s Bureau of Industry and Security (BIS) specifically manages these regulations, determining which items require licenses for export and which can be exported under general licenses.

The role of the Department of Commerce is vital in balancing national security concerns with the need to promote commerce and economic growth. By regulating commercial and dual-use exports, the Department of Commerce ensures that sensitive technologies and items do not fall into the hands of unauthorized users or hostile entities while still enabling legitimate trade.

In contrast, the other departments mentioned have specific scopes that do not cover commercial and dual-use exports in the same way. The Department of State primarily handles the export of defense items through the Arms Export Control Act (AECA), while the Department of Defense oversees military-specific regulations and policies. The Department of Homeland Security focuses on issues related to border security and immigration, as well as safeguarding the nation from potential threats, rather than regulating commercial exports.