The Export Administration Regulations (EAR) are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, and other activities.

The export control provisions of the EAR are intended to serve the national security, foreign policy, nonproliferation, and short supply interests of the United States and, in some cases, to carry out its international obligations. Some controls are designed to restrict access to dual use items by countries or persons that might apply such items to uses inimical to U.S. interests. These include controls designed to stem the proliferation of weapons of mass destruction and controls designed to limit the military and terrorism support capability of certain countries.

How do you determine your obligations under the EAR?

Part 732 of the EAR provides steps you may follow to determine your obligations under the EAR. You will find guidance to enable you to tell whether or not your transaction is subject to the EAR and, if it is, whether it qualifies for a License Exception or must be authorized through issuance of a license.

Are your items or activities subject to the EAR at all?

Part 734 of the EAR defines the items and activities that are subject to the EAR. Note that the definition of "items subject to the EAR" includes, but is not limited to, items listed on the Commerce Control List in part 774 of the EAR.

If subject to the EAR, what do the EAR require?

  • Part 736 of the EAR lists all the prohibitions that are contained in the EAR. Note that certain prohibitions (General Prohibitions One through Three) apply to items as indicated on the CCL, and others (General Prohibitions Four through Ten) prohibit certain activities and apply to all items subject to the EAR unless otherwise indicated.
  • Part 758 of the EAR describes the requirements for clearance of exports.
  • Part 760 of the EAR deals with restrictive trade practices and boycotts.
  • Part 762 of the EAR sets out your recordkeeping requirements, and parts 764 and 766 of the EAR deal with violations and enforcement proceedings.
  • Part 768 of the EAR provides rules for determining foreign availability of items subject to controls.
  • Part 770 of the EAR contains interpretations and part 772 of the EAR lists definitions used.

OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury administers and enforces economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations and international narcotics traffickers based on U.S. foreign policy and national security goals.

OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction.

Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.

While the exporter still has to consult the appropriate agencies' regulations for current, complete, and authoritative requirements, BIS maintains controls for OFAC in the Treasury Department and DTC in the Department of State in its Export Administration Regulations (EAR).

OFFICE OF DEFENSE TRADE CONTROLS (DTC) / ITAR REGULATIONS

In accordance with the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), the Office of Defense Trade Controls (DTC) controls the export and temporary import of defense articles and services by taking final action on license applications and other requests for approval for defense trade exports and retransfers, and handling matters related to defense trade compliance, enforcement, and reporting.

DTC is responsible for registering all U.S. manufacturers and exporters of defense articles and/or services. The DTC administers and enforces the AECA and the ITAR through licensing, assurance of proper end-use of licensed exports, implementation of policies based on statutory and regulatory interpretations, and prevention and/or detection of unauthorized transfers.

DTC provides authoritative guidance to U.S. defense industry as well as other U.S. Government agencies regarding export policy, procedures, and practices, based on interpretation of the ITAR and pertinent laws, national interests, or multilateral activity.

While the exporter still has to consult the appropriate agencies' regulations for current, complete, and authoritative requirements, BIS maintains controls for OFAC in the Treasury Department and DTC in the Department of State in its Export Administration Regulations (EAR).

FEDERAL REGISTER RULES AND NOTICES

The Federal Register is the official daily publication of the National Archives and Records Administration (NARA). U.S. Agencies are required to publish notices of proposed rule making in the Federal Register to enable citizens to participate in the decision making process of the government. The register contains Federal agency regulations; proposed rules and notices; and Executive orders, proclamations and other Presidential documents. The Federal Register informs citizens of their rights and obligations and provides access to a wide range of Federal benefits and opportunities for funding. NARA’s Office of the Federal Register prepares the Federal Register for publication in partnership with the Government Printing Office (GPO), which distributes it in paper, on microfiche, and on the Internet.

We re-publish Federal Register notices, orders, and rules relating to the Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC), and the Office of Defense Trade Controls (DTC) with summaries, and most of recent years with with full texts in PDF format.

A cumulative listing of recently released or revised documents from all agencies, ordered by date, is now available – providing a one-view summary of new developments in export compliance federal regulations, rules, orders, and notices. Online help is also available.