On April 21, 2023, the Department of Energy (DOE) signed a Policy Statement for issuance in the Federal Register reaffirming the seven-year deadline for authorization holders to commence exports of domestically produced natural gas, including liquefied natural gas (LNG), to non-free trade agreement (non-FTA) countries set forth in long-term authorizations issued under the Natural Gas Act. This Policy Statement was published in the Federal Register on April 26, 2023. For existing and future non-FTA authorizations for the export of LNG, DOE will allow authorizations to expire on the export commencement deadline originally set forth in the order and will not consider an application for an extension, unless the authorization holder demonstrates both that: (i) it has physically commenced construction on the associated export facility, and (ii) its inability to comply with the existing export commencement deadline is the result of extenuating circumstances outside of its control.  Authorization holders unable to make this demonstration may submit a new non-FTA application, which will be considered without prejudice.  This policy will increase transparency for non-FTA authorization holders and pending applicants who have not yet commenced exports, while providing greater certainty about DOE’s approvals for the LNG export market.   

                  Current Export Commencement Deadlines in Long-Term Non-FTA Orders

                                                              (as of May 16, 2023)

The export commencement deadline for each existing long-term non-FTA order is identified below.  The list does not include authorizations for small-scale exports of natural gas.

* indicates an extended export commencement deadline, approved under the corresponding DOE order.