Natural Gas Import & Export Regulation for Free Trade Agreement (FTA) and Non-free Trade Agreement (nFTA) Countries and LNG Exports
- 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.
- 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.
- 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/FE 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.
- Revised Procedures for Processing non-FTA LNG Applications (Issued August 15, 2014)
Disclaimer: Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any of the above information or representations.
Contents of the Application
- State the exact legal name of the company, including the name of the parent company if the applicant is a subsidiary or affiliate. State the form of business organization (e.g., corporation, limited partnership, etc.).
- State the name, title, mailing address, email address, and telephone number of the person(s) to whom correspondence regarding the application should be addressed. Also include the name, title, mailing address, email address, and telephone number of a corporate officer or employee of the applicant to whom inquiries may be directed.
- Provide a concise statement which describes the proposed import and/or export arrangement, including the associated volume of natural gas expressed in Bcf (billion cubic feet), and a start date.
- U.S. Resident Agent for Applicants and Authorization holders that neither reside in nor have a place of business or other corporate presence in the United. See F.R. Notice 80 FR 11664; March 4, 2015
Paying the Application Filing Fee
Each application filed with DOE must be accompanied with a $50 filing fee. The filing fee may be submitted via check, payable to the "Treasury of the United States", or electronically submitted. To view the instructions of submitting an electronic payment, please see "Instructions on submitting electronic payments".