Export Administration Regulations

The Export Administration Regulations (EAR) are a set of United States export guidelines and prohibitions. They are administered by the Bureau of Industry and Security, which regulates the export restrictions of sensitive goods. The EAR apply to most U.S. origin items, foreign-produced items that incorporate controlled U.S. items, and certain "foreign-produced direct products" of U.S. items or technology, (e.g., foreign-made integrated circuits designed with U.S. electronic design automation software or manufactured with U.S.-made manufacturing equipment).
In general, there are three types of controls applied by the EAR:
The Commerce Control List (CCL) identifies specific items and technologies subject to export licensing requirements. Each item listed on the CCL is assigned an alphanumeric Export Control Classification Number (ECCN), such as 3A001, that describes it and indicates its licensing requirements. The CCL is divided into ten categories, each subdivided into five product groups.
The EAR99 designation covers the majority of items that fall under the regulations but are not listed in the CCL. These items are generally low-technology consumer goods not requiring a license, with some exceptions such as items sent to an embargoed country or an end-user of concern, or to be used for a prohibited end-use.
With a few exceptions, the EAR define export as:
The EAR define technology as information necessary for the development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that cover technology) of an item.
Technology may be tangible or intangible, and includes written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulas, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, and electronic media or information revealed through visual inspection.
The EAR include a list of ten general prohibitions, which are summarized as follows:
Items subject to the EAR cannot be exported nor can items of US-origin be re-exported to another country without a license or exception, if the items are controlled for a reason indicated by its ECCN, and export to the country requires a license, based on its country group.
A person cannot, without a license or exception, export or re-export foreign-made commodities, software, or technology that incorporates controlled US-origin commodities, software, or technology if the items require a license and incorporate or are combined with more than a minimal amount of controlled US content, as defined in Title 15 of the Code of Federal Regulations (15 CFR) section 734.4.
This prohibition applies to certain items that are produced outside of the US and that are the direct product of US technology or software, or they are developed from a plant that is the direct product of US technology or software.
A person may not, without a license or exception, re-export any item that meets the direct product test to a destination in the national security country group (D:1), designated terrorist supporting countries (E:1), or Cuba (E:2). Additionally, foreign-made military commodities that meet the direct product test cannot, without a license or exception, be re-exported or exported from abroad to a country in group D:1, the chemical and biological group (D:3), the missile technology group (D:4), D:5, E:1, or E:2.
Actions cannot be taken that are prohibited by a denial order issued under 15 CFR section 766. Denial orders prohibit many actions in addition to direct exports by the person denied export privileges, including some transfers within a single country, either in the US or abroad, by other people. Any such person is responsible for ensuring that transactions which involve a person who is denied export privileges do not violate the order. Orders denying export privileges are legally binding documents that are published in the Federal Register. The BIS maintains a list of people denied export privileges and can, on an exceptional basis, authorize activity otherwise prohibited by a denial order.
Items subject to the EAR cannot be exported or re-exported without a license to an end-user or end-use prohibited by 15 CFR section 744.
Items subject to the EAR cannot be exported or re-exported to Cuba, North Korea, Russia (with respect to Russian oil and gas industries), Crimea, Iran, or Syria without a license or exception.
US persons cannot perform certain activities related to nuclear explosive devices, missiles, chemical or biological weapons, or semiconductor equipment.
Exported or re-exported items cannot pass through any of the following countries without a license:
The terms or conditions of a license, exception, or order issued under the EAR cannot be violated.
Items exported in a way that violates the EAR cannot be serviced. A license or exception that has been suspended or revoked cannot be relied upon.
Besides exceptions, the EAR apply to the following categories:
The EAR do not apply to the following:
Since 2018, Congress and the executive branch have revised – through legislation, regulation, and licensing practices – the export control system that regulates dual-use exports. Much of the reform has focused on controlling emerging and foundational technologies, strengthening other technology controls and licensing practices, engaging multilaterally to ensure US controls are effective, and considering the impact of controls on the economy, including the foreign availability of US products subject to control. Export control covers the whole territory of the People's Republic of China, including Hong Kong and Macau.