Until the compounds are mixed, they are not classified as explosives and, therefore, are not subject to control. However, once mixed, binary explosives are "explosive materials" and are subject to all applicable federal requirements.

A person who mixes or combines compounds of binary explosives for the purpose of sale or distribution or for the person’s own business use is a "manufacturer" of explosive materials and must be licensed as a manufacturer under the law.

[18 U.S.C. 841(h); 27 CFR 555.11: definition of "manufacturer"]