Export Administration Regulations
The Export Administration Regulations (EAR) are a set of regulations found at 15 C.F.R. § 730 "et seq". They are administered by the Bureau of Industry and Security, which is part of the US Commerce Department. The EAR regulates export and export restrictions: whether a person may export something from the U.S.; re-export something from a foreign country; or transfer something from one person to another in a foreign country. The EAR apply to physical objects - sometimes referred to as "commodities" - as well as intellectual property such as technology and software. Classification. The EAR contain a list  called the Commerce Control List (CCL). The CCL is a limited list of items within the scope of the EAR which merit particular attention because they could potentially have a military use in addition to a commercial use. CCL-listed items are therefore often referred to as "dual use." The CCL, however, is not an exhaustive list of things that are within the scope of the EAR; to the contrary, the overwhelming majority of things that fall within the scope of the EAR are not listed on the CCL; instead, they are given the designation "EAR99." Items that are listed  on the CCL are organized according to alpha-numeric designations called "Export Control Classification Numbers" (ECCNs). Definitions. Definition of export. With a few exceptions, the EAR define "export" to mean: Definition of reexport. Once a thing has been exported from the United States to a foreign country, the EAR define "reexport" to mean a subsequent export of the thing from the first foreign country to a second foreign country, and to any subsequent export after that. Definition of technology. The EAR define "technology" to mean information necessary for the “development,” “production,” “use,” operation, installation, maintenance, repair, overhaul, or refurbishing (or  other terms specified in ECCNs on the CCL that control “technology”) of an item. “Technology” may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, electronic media or information revealed through visual inspection. The 10 General Prohibitions. The EAR contain a list of rules called the 10 General Prohibitions, which provide as follows: General Prohibition 1. You may not, without a license or License Exception, export any item subject to the EAR to another country or reexport  any item of U.S.-origin if each of the following is true: (i) The item is controlled for a reason indicated in the applicable Export Control Classification Number (ECCN), and (ii) Export to the country of destination requires a license for the control reason as indicated on the Country Chart at part 738 of the EAR. General Prohibition 2. You may not, without a license or license exception, reexport or export from abroad foreign-made commodities that incorporate controlled U.S.-origin commodities, foreign-made commodities that are “bundled” with controlled U.S.-origin software, foreign-made software that is commingled with controlled U.S.-origin software , or foreign-made technology that is commingled with controlled U.S.-origin technology if such items require a license according to any of the provisions in the EAR and incorporate or are commingled with more than a "de minimis" amount of controlled U.S. content, as defined in §734.4 of the EAR concerning the scope of the EAR. General Prohibition 3. General Prohibition 3 applies to certain items that are produced outside of the U.S. and that are the "direct product" of U.S. technology or software, or they are developed from a plat which is the "direct product" of U.S. technology or software . Under General Prohibition 3, you may not, without a license or license exception, reexport any item that meets the direct product test to a destination in Country Group D:1, E:1, or E:2 (See supplement no.1 to part 740 of the EAR). Additionally, you may not, without a license or license exception, reexport or export from abroad any ECCN 0A919 commodities (foreign-made military commodities) that meet the direct product test to a destination in Country Group D:1, D:3, D:4, D:5, E:1, or E:2. General Prohibition 4. You may not take any action that is prohibited by a denial order issued  under 15 CFR Part 766. These 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 United States or abroad, by other persons. You are responsible for ensuring that any of your transactions in which a person who is denied export privileges is involved do not violate the terms of the order. Orders denying export privileges are published in the Federal Register when they are issued and are the legally controlling documents in accordance with their terms. BIS also maintains compilations of persons denied export  privileges on its Web site at "<nowiki>http://www.bis.doc.gov</nowiki>." BIS may, on an exceptional basis, authorize activity otherwise prohibited by a denial order. See 15 CFR §764.3(a)(2). General Prohibition 5. You may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR. General Prohibition 6. You may not, without a license or License Exception authorized under part 746, export or reexport any item subject to the EAR to any of the following countries: General Prohibition 7. U.S. persons  may not perform certain activities relating to nuclear explosive devices, missiles, and chemical or biological weapons, as set out in 15 CFR § 744.6. General Prohibition 8. Under General Prohibition 8, if you export or reexport an item, it may not pass through any of the following countries without a license: General Prohibition 9. You may not violate terms or conditions of a license or of a License Exception issued under or made a part of the EAR, and you may not violate any order issued under or made a part of the EAR. General Prohibition 10. You may not sell , transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any item subject to the EAR and exported or to be exported with knowledge that a violation of the Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued thereunder has occurred, is about to occur, or is intended to occur in connection with the item. Nor may you rely upon any license or License Exception after notice to you of the suspension or revocation of that license or exception . Scope of the Export Administration Regulations. General applicability. The EAR have very broad application. With only the exceptions noted below, the EAR apply to the following categories of things: Exceptions to EAR applicability. The EAR do not apply, however, to the following: