Export Control Basics
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:
Special Topics Training Modules and Other Archived Webinars
Webinar – Introduction to Encryption Export Controls
On Wednesday, February 17, 2016 at 2:30 p.m. Eastern Time, BIS offered a 90-minute webinar on the encryption provisions of the Export Administration Regulations. This overview covered encryption items controlled in Category 5, Part 2 of the Commerce Control List, various exclusions from control, encryption mass market provisions (section 742.15), License Exception ENC (section 740.17), licensing policy, and special provisions related to publicly available encryption software.
For a recording of this webinar, CLICK HERE.
For a transcript of this webinar, CLICK HERE.
Handouts used with this webinar are linked below:
License Exception ENC Chart
Mass market Chart
Single country ELA standard conditions
Worldwide ELA CUESS condition
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Deemed Exports Module:
Introduction to BIS Deemed Export Policies (35:24)
Transcript
Antiboycott Compliance Module:
Overview of the Antiboycott Provisions of the Export Administration Regulations (15:19)
Transcript
Note: These are full length Windows Media format videos narrated by BIS staff.
Downloading may take a few minutes with certain internet connections.
Please email the BIS Webmaster if you experience any difficulties.
Export 101 Training Videos
"Export 101" training videos are available to help exporters understand the rules governing the export process and to promote awareness by the Department of Commerce. These vidoes include four BIS-specific export control training videos. These videos are brought to you by the Census Bureau's Foreign Trade Division and the International Trade Administration. Please visit the Bureau of Census Foreign Trade Division website to watch the entire series of Export 101 videos or go direct to the BIS-specific training videos:
Exporting Commercial Items: ECCNs and EAR99
Essentials of Export Controls
This series of six modules covers the content presented at the one-day BIS Essentials of Export Controls seminar.
Module 1: Export Control Basics (22:10) Transcript
Module 2: Classifying Your Item and Determining If You Need a License (20:24) Transcript
Module 3: General Prohibitions Including Prohibited End-Users and End-Uses and Activities (13:01) Transcript
Module 4: Using License Exceptions (10:36) Transcript
Module 5: License Application and Supporting Documentation (10:36) Transcript
Module 6: Export Clearance and Recordkeeping (6:07) Transcript
Essentials of Export Controls Training Modules in PDF
Note: These are full length Windows Media format videos narrated by BIS staff. Downloading may take a few minutes with certain internet connections. Please email the BIS Webmaster if you experience any difficulties.
Complying with US Export Controls Webinar Series
This webinar series of nine topics cover the content presented at the two-day Complying with US Export Controls seminar.
Complying with US Export Controls - Overview of the EAR
Video | PDF
Classification of Items on the Commerce Control List - Overview of the CCL
Video | PDF
How to Classify Your Item
Video | PDF
Determining License Requirements - ECCN/Destination, End-user/End-Use
Video | PDF
Support Documentation
Video | PDF
Export Clearance Requirements
Video | PDF
Elements of an Effective Export Compliance Program
Video | PDF