BIS Clarifies US Crude Oil Export Rules; Rep. Barton to Reintroduce Lifting Ban Bill
The Bureau of Industry and Security (BIS) has clarified rules surrounding crude oil exports from the US. Rep. Joe Barton (R-TX) plans to reintroduce a bill to lift export restrictions. BIS has issued FAQs and guidance to address confusion about what constitutes a 'petroleum product' and when licenses are required.
BIS administers the Export Administration Regulations (EAR), which largely prohibit crude oil exports without a license. These licenses are only granted in specific circumstances and for limited periods. However, crude oil processed through a distillation tower is generally not subject to these restrictions, as it is considered a 'petroleum product'.
FAQ #4 from the US Environmental Protection Agency (EPA) outlines factors to determine if crude oil has been sufficiently processed. In 2014, BIS issued classification rulings allowing 'lightly' processed condensate to be exported without a license. BIS's recent guidance, issued on December 30, 2021, further clarifies these rules and aims to resolve the debate around lifting the ban on crude oil exports.
BIS encourages applicants to detail precautions taken to prevent mixing of US crude oil with foreign-origin crude oil in license applications for exports of foreign crude oil, as discussed in FAQ #6.
BIS's latest guidance aims to provide clarity on crude oil export issues. Rep. Joe Barton plans to reintroduce a bill to lift these restrictions. Administration officials believe recent BIS actions have addressed the debate around this issue. Exporters are advised to review the updated guidance and ensure they comply with the outlined regulations.
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