Export Administration Regulations (EAR)
What Does the EAR Control?
15 CFR Parts 730-774 are promulgated and implemented by the Department of Commerce, Bureau of Industry and Security (BIS) and regulate:
- Export and re-export of commercial and dual use (commercial and military/security applications) items and technology, including encrypted software.
Commodity Control List (CCL)
Regulated items are identified on the CCL by categories and groups.
Regulated items are identified on the CCL in the following ten broad categories: 0-Nuclear Materials, Facilities and Equipment and Miscellaneous Items 1-Materials, Chemicals, "Microorganisms," and Toxins 2-Materials Processing 3-Electronics Design, Development, and Production 4-Computers 5 Part I-Telecommunications 5 Part 2-Information Security 6-Sensors and Lasers 7-Navigation and Avionics 8-Marine 9-Aerospace and Propulsion Within each category, items are arranged by group:
Quick Facts
- Items not designated under the control of another federal agency or listed on the Commerce Control List (CCL) are classified as EAR99.
- The CCL is destination based and export or re-export of both ECCN designated items and EAR99 items are controlled based upon the country of destination.
- Full versions of the EAR and CCL
- The Bureau of Industry and Security has EAR Decision Tools
Fundamental Research Under the EAR
Review Fundamental Research Overview
Using EAR Controlled Items, Technical Data, Software in Research
In some areas of research, CCL items may be used. Use of items, technical data, and software on the CCL is nuanced and use and/or access by non-U.S. persons may be restricted without an export license or documented license exception even if it is being used in the conduct of Fundamental Research.
Research that is NOT Fundamental Research and Research on behalf of a Foreign Entity/Person
Any research that is NOT Fundamental Research and any research that is conducted on behalf of a foreign entity or person must be reviewed by the Export Control Compliance team to determine if the outcomes would be creating a controlled item, technology, or software under the CCL.
Key Definitions and Terms
Access information means information that allows access to encrypted technology or
encrypted software in an unencrypted form. Examples include decryption keys, network
access codes, and passwords. 1) an actual shipment or transmission of items subject to the EAR from one foreign
country to another foreign country, including the sending or taking of an item to
or from such countries in any manner; (2) releasing or otherwise transferring “technology”
or source code subject to the EAR to a foreign person of a country other than the
foreign country where the release or transfer takes place (a deemed re-export); (3)
transferring by a person outside of the U.S. of registration, control, or ownership
of spacecraft (see 734.14(a)(3). (1) an actual shipment or transmission of items subject to the EAR from one foreign
country to another foreign country, including the sending or taking of an item to
or from such countries in any manner; (2) releasing or otherwise transferring “technology”
or source code subject to the EAR to a foreign person of a country other than the
foreign country where the release or transfer takes place (a deemed re-export); (3)
transferring by a person outside of the U.S. of registration, control, or ownership
of spacecraft (see 734.14(a)(3). (a)Technology or software is “released” through: (i) Visual or other inspection by foreign person of items that reveal “technology”
or source code subject to the EAR to a foreign person; or (ii) Oral or written exchanges with a foreign person of “technology” or source code
In the U.S. or abroad (b) Any act causing the “release” of “technology” or “software,” through the use of
“access information” or otherwise, to yourself or another person requires an authorization
to the same extent an authorization would be required to export or reexport such “technology”
or “software” to that person. NOTE: Export of encryption source code and object code has special rules, see 15
CFR § 734.17
Quick Links to Additional Export Control Laws and Regulation
- International Traffic in Arms Regulations Overview
- Embargo and Sanctions Programs Overview
- U.S. Export Control Laws and Regulations Overview