Export Administration Regulations

Export Administration Regulations (EAR)

What Does the EAR Control?

15 CFR Parts 730-774 are promulgated and implemented by the Department of Commerce, Bureau of Industry and Security (BIS) and regulate:

Export and re-export of commercial and dual use (commercial and military/security applications) items and technology, including encrypted software.

Commodity Control List (CCL)

Regulated items are identified on the CCL by categories and groups.

Regulated items are identified on the CCL in the following ten broad categories:

0-Nuclear Materials, Facilities and Equipment and Miscellaneous Items

1-Materials, Chemicals, "Microorganisms," and Toxins

2-Materials Processing

3-Electronics Design, Development, and Production

4-Computers

5 Part I-Telecommunications

5 Part 2-Information Security

6-Sensors and Lasers

7-Navigation and Avionics

8-Marine

9-Aerospace and Propulsion
Within each category, items are arranged by group:

A-Equipment, Assemblies, and Components

B-Test, Inspection, and Production Equipment

C-Materials

D-Software

E-Technology

Quick Facts

Items not designated under the control of another federal agency or listed on the Commerce Control List (CCL) are classified as EAR99.
The CCL is destination based and export or re-export of both ECCN designated items and EAR99 items are controlled based upon the country of destination.
Full versions of the EAR and CCL
The Bureau of Industry and Security has EAR Decision Trees

Fundamental Research Under the EAR

Review Fundamental Research Overview

Using EAR Controlled Items, Technical Data, Software in Research

In some areas of research, CCL items may be used. Use of items, technical data, and software on the CCL is nuanced and use and/or access by non-U.S. persons may be restricted without an export license or documented license exception even if it is being used in the conduct of Fundamental Research.

Research that is NOT Fundamental Research and Research on behalf of a Foreign Entity/Person

Any research that is NOT Fundamental Research and any research that is conducted on behalf of a foreign entity or person must be reviewed by the Export Control Compliance team to determine if the outcomes would be creating a controlled item, technology, or software under the CCL.

Key Definitions and Terms

Access information means information that allows access to encrypted technology or encrypted software in an unencrypted form. Examples include decryption keys, network access codes, and passwords.
1) an actual shipment or transmission of items subject to the EAR from one foreign country to another foreign country, including the sending or taking of an item to or from such countries in any manner; (2) releasing or otherwise transferring “technology” or source code subject to the EAR to a foreign person of a country other than the foreign country where the release or transfer takes place (a deemed re-export); (3) transferring by a person outside of the U.S. of registration, control, or ownership of spacecraft (see 734.14(a)(3).
(1) an actual shipment or transmission of items subject to the EAR from one foreign country to another foreign country, including the sending or taking of an item to or from such countries in any manner; (2) releasing or otherwise transferring “technology” or source code subject to the EAR to a foreign person of a country other than the foreign country where the release or transfer takes place (a deemed re-export); (3) transferring by a person outside of the U.S. of registration, control, or ownership of spacecraft (see 734.14(a)(3).
(a)Technology or software is “released” through:

(i) Visual or other inspection by foreign person of items that reveal “technology” or source code subject to the EAR to a foreign person; or

(ii) Oral or written exchanges with a foreign person of “technology” or source code In the U.S. or abroad

(b) Any act causing the “release” of “technology” or “software,” through the use of “access information” or otherwise, to yourself or another person requires an authorization to the same extent an authorization would be required to export or reexport such “technology” or “software” to that person.

NOTE: Export of encryption source code and object code has special rules, see 15 CFR § 734.17
If an item falls under U.S. Department of Commerce jurisdiction and is not listed on the CCL, it is designated as EAR99. EAR99 items generally consist of low-technology consumer goods and do not require a license in many situations. However, if the proposed export of an EAR99 item is to an embargoed country, to an end-user of concern or in support of a prohibited end-use, you may be required to obtain a license.