• NEW

    NEW Hong Kong, China FAQs

  • Implementation

    Implementation of Sanctions: Burma

  • Public

    Public comments posted for Section 232 4th interim final rule

  • U.S.

    U.S. Commerce Department Restricts Licensing of Sensitive Exports to Burma’s Military and Security Services in Response to the Recent Military Coup

  • New

    New Online Training Video: How to Successfully Apply for Licenses for Biological Items

  • Princeton

    Princeton University Resolves Allegations of Export Law Violations with Administrative Settlement

  • Chinese

    Chinese National Charged with Criminal Conspiracy To Export US Power Amplifiers to China

  • Department

    Department of Commerce Takes Action against Avnet Asia for Involvement in Illegally Transshipping Sensitive U.S. Commodities to China and Iran

  • BIS

    BIS Imposes Administrative Penalties for Submission of False or Misleading Export Information Involving Russia

  • DOC

    DOC Releases BIS Annual Report to Congress for Fiscal Year 2020

  • Implementation

    Implementation in the Export Administration Regulations of the United States’ Rescission of Sudan’s Designation as a State Sponsor of Terrorism

  • Sudan

    Sudan SSOT Rescission FAQs

  • REVISION:

    REVISION: MEU Question Concerning National Police

  • Removal

    Removal from the Export Administration Regulations of Sudan’s Designation as a State Sponsor of Terrorism

  • Expansion

    Expansion of End-use/user Controls and Activities of U.S. Persons effective on 3/16/21, comments due 3/1/21

  • Commerce

    Commerce Department Implements Rescission of Sudan as a State Sponsor of Terrorism

  • Entity

    Entity List and MEU List final rule on public display and effective on 1/14/21

  • Three

    Three Charged with Illegally Exporting Goods to Iran

  • Change

    Change to License Review Policy for Unmanned Aerial Systems (UAS) final rule published 1/12/21

  • "Commerce Control List: Clarifications to the Scope of Export Control Classification Number 1C991 to Reflect Decisions Adopted at the June 2019 Australia Group Plenary Meeting" (RIN 0694-AI09)

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Exporter Portal

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Everything you need to know about exporting

   

Lists of Parties of Concern

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Entity List
Denied Persons List
Unverified List
MEU List

   

New to Exporting?

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In The News

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Classifying Items Subject to the EAR

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Commerce Control List Classification
Export Control Classification Numbers
Commerce Control List

   

Consolidated Screening List

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Report Violations

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Export Administration Regulations

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Export Administration Regulations


   

Events

Complying with U.S. Export Controls Virtual Seminar March 2-5, 2021

BIS Logo 01042012 72dpi CopyMarch 2-5, 2021 Complying with U.S. Export Controls

 

In partnership with the World Trade Center Denver and utilizing the power of virtual, interactive learning tools, BIS is now 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).


View Event 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.

 

 

   
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