E-Commerce
You will not find the term“E-Commerce” within the Export Administration Regulations (EAR); however, commerce transacted electronically may be subject to the EAR, the same as transactions that are not electronically facilitated.
The EAR apply to the conduct of business communication and transactions over networks and through computers and with the non-electronic buying and selling of goods and services and the transfer of funds. Your export (or deemed export)/reexport (or deemed reexport)/transfer transactions and other services may be subject to the EAR. Some transactions and activities specific to the E-Commerce environment where you should determine if you are subject to the EAR include:
- Orders processed using the internet with tangible delivery of goods;
- Intangible downloads and releases of technology and software.
- The various services performed during transactions; and
- Transfer of funds to certain entities and prohibited activities.
Related E-Commerce Links and FAQs
Links:
Assistant Secretary Darryl W. Jackson Opening Keynote Address ACI 3rd
National Forum on International Technology Transfers, San Francisco, CA, January
27, 2007 http://www.bis.doc.gov/news/2007/jackson02012007.htm
FAQs:
Am I required under the EAR to actively screen for terrorist-supporting destinations?
In your business practice, it is prudent to use a standard of care to ensure that you will not violate any of the prohibition identified in the EAR. The EAR does not require a person posting software on the Internet to implement screening procedures for the terrorist countries. The "Know Your Customer" guidance in Supplement No. 3 to Part 732 provides companies with guidelines on how to comply with their responsibilities under the EAR. Related E-Commerce Links and FAQs