• (01/31/2023):

    (01/31/2023): Commerce Restricts Foreign-Made Components to Seven Iranian Entities Supplying Drones Used by Russia to Attack Ukraine

  • (01/17/2023):

    (01/17/2023): California Resident Pleads Guilty To Illegally Exporting American Aviation Technology To Beijing University

  • (01/11/2023):

    (01/11/2023): California-Based Company, Company President Plead Guilty in Scheme to Violate the Export Control Act

  • (12/21/2022):

    (12/21/2022): Commerce Imposes Additional Restrictions on Exports to Wagner Group

  • (12/15/2022):

    (12/15/2022): Commerce Adds 36 to Entity List for Supporting the People’s Republic of China’s Military Modernization, Violations of Human Rights, and Risk of Diversion

Would you like to...

 
   

Exporter Portal

exporter portal2

Everything you need to know about exporting

   

Lists of Parties of Concern

listocheck transparent

Entity List
Denied Persons List
Unverified List
MEU List

   

New to Exporting?

cogsinbrain.fwInformation for small and new-to-export companies
   

In The News

bis news_homeBIS Newsroom
   

Classifying Items Subject to the EAR

classification list icon transparent

Commerce Control List Classification
Export Control Classification Numbers
Commerce Control List

   

Consolidated Screening List

consolidated listThe following list may be relevant to your export or reexport transaction
   

Report Violations

report violation_hpReporting Possible Violations
   

Export Administration Regulations

ear transparent

Export Administration Regulations


   

Events

Complying with U.S. Export Controls seminar November 29 - December 2, 2022

BIS Logo 01042012 72dpi CopyNovember 29th - December 2nd, 2022 Complying with U.S. Export Controls seminar

 

In partnership with the World Trade Center Denver (WTC Denver), and utilizing the power of virtual, interactive learning tools, BIS is offering our popular Complying with U.S. Export Controls seminar as an online program. This interactive course delivers critical information for compliance with the Export Administration Regulations (EAR). Click here for details.

 

   

There are no EAR obligations associated with the item unless it is exported, reexported, or transferred. These are specially defined terms in the EAR. See Section 734 for guidance on the definition of export, reexport, and transfer.

Certain foreign made items that contain less than a de minimis amount of U.S. origin content are not subject to the EAR. See 734.4 of the EAR.

Publicly Available:

Encryption items that are publicly available as further described below are not subject to the Export Administration Regulation. Sections 734.3(b)(3) and 734.7 define what is publicly available and published. Common examples are free apps posted online or mass market software available as a free download.

Specifically:

1. Mass market encryption object code software that is made "publicly available"

   •Once the mass market item is properly classified under the relevant section of 740.17(b)(1) or (b)(3) (after a classification by BIS (5D992.c) or self-classification with self-classification report), if the software is then made "publicly available" it is not subject to the EAR.
   •For example, an App made for a smartphone or computer that that meets the Mass Market criteria (as described in Note 3 of Cat. 5 Part 2) that is made available free of charge would be considered "publicly available". In this case you would have to first comply with the mass market requirement under 740.17 (b)(1) or (b)(3) by self-classification as 5D992.c with self-classification report (or submitting classification request to BIS) only once. Then, if the item is made publicly available (e.g., free to download) it would be considered not subject to the EAR anymore.

2. "Publicly available" encryption source code is not subject to the EAR once the email notification per section 742.15(b) is sent.

   •A common example would be open source encryption source code available for free online.

3. "Publicly available" encryption object code is not subject to the EAR when the corresponding source code is also "publicly available" and has been notified as specified under Part 742.15(b).

Note 1: Notifications made before September 2016 under License Exception TSU (740.13) remain valid under 742.15. A new notification is not required.

Note 2: While open source code itself may be publicly available and not subject to the EAR, an item is not considered publicly available merely because it incorporates or calls to publicly available open source code. Rather, a new item with encryption functionality has been created which would need to be evaluated as a whole under the EAR.

 

 

   
© BIS 2020