Scope of Export Controls

The scope of the export control regulations is broad, but not universal. Following the threads in the EAR and the ITAR, together they control:

  • Products -¬† which may include items, equipment, parts, systems, or materials
  • Equipment required to develop or produce controlled products
  • Material required to develop or produce controlled products
  • Software required to develop, produce, or use controlled products
  • Information required to develop, produce, or use controlled products

Even simple things, like paper clips, are in the scope, and turn out to be subject to the EAR but not enumerated on the Commerce Control List, so EAR99.

Information not related to products, equipment, material or software would not be in the scope of the export controls. Mathematics, economics, and business are examples of academic areas that are largely outside the scope of the export controls.

Within the scope of the export controls:

  • If something is controlled by ITAR (enumerated on the US Munitions List or meeting one of its "specially designed" criteria, then it's controlled by the State Department under the ITAR.
  • The Nuclear Regulatory Commission is responsible for nuclear equipment and material as defined in 10 CFR 110.
  • The Department of Energy is responsible for assistance to foreign nuclear energy activities as defined in 10 CFR 810.
  • All other items, equipment, material, software and information in the scope of the export controls is controlled by the Commerce Department under the EAR. Some of these are enumerated on the Commerce Control List and assigned an Export Control Classification Number (ECCN). The rest are classified EAR99.

In addition, activities and transactions involving some countries are controlled by the Treasury Department's Office of Foreign Assets Controls (OFAC) sanctions programs.