The Export Administration Regulations (EAR) regulate the export, reexport and transfer (in-country) of:
§ some less sensitive military items;
§ commercial items that have both commercial and military or proliferation applications; and
§ purely commercial items without an obvious military use.
Ø Note: Sending anything subject to the EAR, including items sent as gifts or donations, and small items, may require a license from BIS prior to shipment.
The Bureau of Industry and Security (BIS) is responsible for implementing and enforcing the EAR. License requirements are dependent upon the technical characteristics of an item, the destination, the end user, and the end use. The exporter/sender must determine whether an item (commodity, software, or technology) requires a license based on the following:
1. What is being exported: BIS classifies items under Export Control Classification Numbers (ECCNs), which are all listed on the Commerce Control List (CCL) (15 CFR 774, Supplement 1). If the item falls under U.S. Department of Commerce jurisdiction but is not listed on the CCL, it is designated as EAR99. Even low-technology consumer goods may require a license 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.
2. Where it is being exported: Country-specific license requirements are determined by comparing the ECCN with the Commerce Country Chart. The ECCN and the Commerce Country Chart, taken together, define the items subject to export controls based solely on the technical parameters of the item and the country of ultimate destination.
3. Who receives the export also affects the requirement for a license. Certain individuals and entities are prohibited from receiving U.S. exports, and others may only receive goods if they have been licensed, even if those items do not normally require a license on the basis of the ECCN and country of destination. Proscribed parties can be found in the U.S. Government’s Consolidated Screening List at export.gov under https://www.export.gov/csl-search .
4. End use: Some end uses or applications are prohibited while others are restricted and may require a license (see EAR part 744).
Resources:
§ EAR Quick Start Guide (9:34 minutes) and other videos:
https://www.bis.doc.gov/index.php/online-training-room
§ EAR basics:
https://www.bis.doc.gov/index.php/documents/regulations-docs/142-eccn-pdf/file
§ BIS seminar schedule:
https://www.bis.doc.gov/index.php/compliance-a-training/current-seminar-schedule
§ BIS Home Page:
§ BIS Contacts: