EAR Regulations
The Export Administration Regulations (15 C.F.R. §§734-774) are administered by the U.S. Department of Commerce through the Bureau of Industry and Security (BIS) under authority of the Export Administration Act of 1979, as amended, (50 U.S.C. app. §§2401-2420) and the International Emergency Economic Powers Act, as amended (50 U.S.C. §§1701-1706). The EAR govern “dual-use” items, including commodities, software, and technology. Dual-use items have predominantly civil or commercial uses but also have military other strategic applications. Dual-use items or technology subject to regulation under the EAR are identified in the Commerce Control List (CCL), which is maintained by BIS. If the particular characteristics and functions of an item match those associated with an Export Control Classification Number (ECCN), designating a controlled item, a license may required for export or “deemed export” of the item. Whether an item that meets the criteria for a particular ECCN requires a license will depend on: the reason for control identified in the ECCN; limitations based on the destination; exceptions to licensing that may be claimed; and any applicable regulatory exclusion from the EAR. (See 15 C.F.R. 138.4, Determining whether a license is required.)
EAR Definitions*
Export:
Export means an actual shipment or transmission of items out of the United States, or release of technology or software subject to the EAR to a foreign national in the United States.
Deemed export:
Deemed export means the release of technology or source code to a foreign national; such a release is deemed to be an export to the country or home country or countries of the foreign national. This rule does not apply to persons lawfully admitted for permanent residence in the U.S. or to individuals who are legally recognized in the U.S. as refugees or granted asylum.
Item:
Item means commodities, software, and technology. When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference.
Technology:
Technology means the specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of “technical data” or “technical assistance.”
Technical assistance may take forms such as instruction, skills training, working knowledge, consulting services and may involve transfer of “technical data.”
Technical data may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape and read-only memories.
For additional EAR definitions, see 15 C.F.R§772.1.
Commerce Control List
Controlled items on the Commerce Control List (CCL) are divided among ten (10) categories. Within each category, items are arranged by group, with each item divided into five (5) groups. For a complete description of an item, please refer to the full text of the CCL. The following categories of items comprise the USML; below the CCL categories is a list of the groups found within each category. See Introduction to Commerce Department Export Controls for more information on classification of items using the CCL.
CCL Categories and Descriptions
0: Nuclear Materials, Facilities and Equipment and Miscellaneous
1: Materials, Chemicals, Microorganisms and Toxins
2: Materials Processing
3: Electronics
4: Computers
5: Telecommunications and Information Security
6: Lasers and Sensors
7: Navigation and Avionics
8: Marine
9: Propulsion Systems, Space Vehicles and Related Equipment
CLL Groups and Descriptions
A: Equipment, Assemblies and Components
B: Test, Inspection and Production Equipment
C: Materials
D: Software
E: Technology