How to Obtain Authorization to Import and/or Export Natural Gas and LNG

A company should apply for long-term import or export authorization if it has a signed gas purchase and/or sales contract for a period of time longer than two years. The regulations require an applicant to submit the contract(s) with the identity of the sellers of gas, the markets in which the gas is to be sold, and the terms of the sale agreement(s)along with a start date. All long-term applications should include the documents as outlined below. Please review the page on how to submit a LNG Export application.

ALL LONG TERM APPLICATIONS SHOULD INCLUDE:

1. The identity of the supplier or purchaser of the natural gas to be imported and/or exported
2. The name of the U.S. transporter(s)
3. The point(s) of entry or exit on the international border
4. The geographic market(s) served
5. The start date

For long-term applications, describe the major provisions of the gas purchase or sales contract, including base price, volume requirements, take-or-pay obligations, make-up provisions, transportation, reservation fees, and other costs.

The Application must also include:

1. Exhibit A. A statement, including a signed opinion of counsel, showing that the import and/or export of natural gas, and/or LNG, is within the corporate powers of the company.
2. Exhibit B. For long-term applications, a copy of the gas purchase or sales contract, or both.

A blanket import and/or export authorization enables a company to import and/or export gas on a short-term or spot market basis under agreements with terms of no longer than two years.  Gas purchase and sales contracts are not filed as part of an application. However a start date is required. Hardcopies are still accepted, but our preferred and most expedient method is the online e-Filing process for submissions of blanket applications using the directions outlined above. This method will soon be phased out once the Portal becomes fully functional.

A company may request to vacate its current authorization at any time prior to the expiration date. A vacate request should identify the authorization holder (company), parent company and/or company legally authorized to request the vacate (if different from the authorization holder). Each request should include the docket number, Order number, the effective date of the Order to Vacate and the reason for the request to vacate. Request to vacate may also be submitted via email to fergas@hq.doe.gov and thru the Portal.

In the event of a name change or merger, the authorization holder must submit a request to vacate the current authorization via email fergas@hq.doe.gov, correspondence, or the Portal. You are required to submit a new and separate application requesting authority to import or export under new company name (this can be done thru the Portal). In addition,  a copy of the state issued Certificate verifying the name change and its effective date must be submitted at the time of the request,  before the new application can  be processed. An adjustment to monthly reports after the name change effective date may also be required.

Any person authorized to import and/or export natural gas and/or LNG has a continuing obligation to provide written notification of any prospective or actual changes to the information submitted with or in the application including, but not limited to, amendments or other changes in the terms and conditions of any natural gas purchase contract, in volumes accepted or offered, or the import and/or export price paid. Notification must also be made in changes of company name as the result of a sale, merger, or the company ceases to exist.

1. Deemed Public Interest Imports and Exports - Section 3(c) of the NGA was amended by section 201 of the Energy Policy Act of 1992 (Pub. L. 102-486) to require that applications to authorize (a) the import and export of natural gas, including LNG, from and to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and (b) the import of LNG from other international sources, be deemed consistent with the public interest and granted without modification or delay.
2. FTA Countries that Require National Treatment for Trade in Natural Gas -As of October 31, 2012, the United States has FTAs that require national treatment for trade in natural gas with Australia, Bahrain, Canada, Chile, Colombia, Dominican Republic, El Salvador, Guatemala, Honduras, Jordan, Mexico, Morocco, Nicaragua, Oman, Panama, Peru, Republic of Korea and Singapore.  Panama is the most recent country with which the United States has entered into a FTA that requires national treatment for trade in natural gas, effective October 31, 2012. Not all countries that have a FTA with the United States require national treatment for trade in natural gas (i.e. Costa Rica and Israel). A list of all countries with which the United States has a FTA can be found at: http://www.ustr.gov/trade-agreements/free-trade-agreements.
3. Applications Not covered by Deemed Public Interest Criteria (including LNG Exports to non-FTA Countries) - Applications not covered by the deemed public interest finding in section 3(c) of the NGA include applications to export natural gas, and/or LNG to countries with which the United States does not have a FTA that requires national treatment for trade in natural gas, and applications to import natural gas, excluding LNG, from these non-FTA countries. These applications shall be filed in hard copy format. DOE will issue a Federal Register Notice of application seeking comments, protests, and motions to intervene in order to make a public interest finding for these types of applications.
4. Revised Procedures for Processing non-FTA LNG Applications (Issued August 15, 2014)

Each application filed with DOE must be accompanied with a $50 filing fee. The filing fee must be electronically submitted. To view the instructions of submitting an electronic payment, please see "Instructions on submitting electronic payments".

OMB Control Number for Applications and Related Filings:

 1901-0294  

Current Expiration Date:  09/30/2023

DOE is authorized under the Natural Gas Act, 15 U.S.C. 717b(a), (c), to regulate the import and export of natural gas to or from the United States.1 As the number of applicants and authorization holders regulated under these statutory provisions continues to increase, DOE is aware that many such applicants and authorization holders neither reside in nor have a place of business or other corporate presence in the United States. Applications to import or export natural gas are informal adjudications conducted in accordance with DOE regulations, 10 CFR part 590, and the Administrative Procedure Act, 5 U.S.C. 551, et seq. Applicants therefore must be available to receive and respond to timely service of process of DOE orders and other filings, including pleadings submitted by parties in application proceedings. Additionally, authorization holders are subject to continuing agency jurisdiction and to terms, conditions, and reporting and recordkeeping requirements set forth in each authorization. To monitor and enforce compliance with its authorizations, DOE must have the means to serve legal process on authorization holders within the United States.

Accordingly, DOE has determined that applicants and authorization holders that neither reside in nor have a place of business or other corporate presence in the United States must identify an agent within the jurisdiction of the United States to receive service of process regarding their pending application or existing authorization, respectively. As noted above, this action will help to ensure that all applicants and authorization holders are notified promptly of any agency or party filing in their proceeding, and that DOE has the means to monitor and enforce compliance with the terms, conditions, and other requirements of its authorizations.

Please see the Federal Register notice for additional information.