The Export Administration Regulations - EAR
The U.S. Department of Commerce administers the Export Administration Regulations (15 CFR §§730-774), or “EAR,” which regulate the export of “dual-use” items. These items include goods and related technology, including technical data and technical assistance, which are designed for commercial purposes, but which could have military applications, such as computers, aircraft, and pathogens.
The list of EAR-controlled items (the Commerce Control list, or “CCL”) is published at 15 CFR §774, Supplement 1. An alphabetical list of CCL items is accessible at: http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf. EAR Technical Data may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, and instructions written or recorded on other media or devices such as disk, tape, and read-only memories. EAR Technical Assistance may take forms such as instruction, skills training, working knowledge, and consulting services.
The CCL categorizes these covered items into 10 broad categories:
- Nuclear Materials, Facilities and Equipment, and Miscellaneous
- Materials, Chemicals, Microorganisms, and Toxins
- Materials Processing
- Telecommunications and Information Security
- Lasers and Sensors
- Navigation and Avionics
- Propulsion Systems, Space Vehicles, and Related Equipment
For goods and technology listed on the CCL, a license may be required for export, depending on the destination country, receiving party, and end use, unless an exclusion or exemption applies. Where embargoed countries are involved (see “OFAC Sanctions Program”), a license will be denied.
The regulations include an additional “catch-all” category, the EAR99, which covers any good or technology that is subject to the EAR as defined in 15 CFR §734.3(a), but that is not on the CCL. Items in the EAR99 category do not require a license for “list-based” controls, but may require a license based on embargoes, sanctions, receiving party or end use.