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Regulations

Search the EAR

A tool to help you quickly and easily navigate the Export Administration Regulations.

About Export Administration Regulations (EAR)

The EAR is administered by BIS to regulate the export of goods and technologies for national security and foreign policy purposes.

  • Order of review decision tool

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    Identify the steps to follow when reviewing the CCL. This decision tool will help you classify items that are subject to the EAR.
  • Determine what is subject to the EAR

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    subjecttoear
    Understand which commodities, software, technology, and activities are subject to the Export Administration Regulations.
  • De minimis & FDP decision tool

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    Educational tool to assist you in determining if a foreign produced item located outside the United States is subject to the EAR.
  • Legal authorities

    The Export Administration Regulations (EAR) is authorized by the Export Control Reform Act of 2018 (ECRA), which replaced the Export Administration Act of 1979 (EAA) as the primary authority for U.S. export control regulations. The EAR also derives its authority from several other statutes and Executive Orders.

Items not subject to the EAR

If the item or activity are not subject to the EAR, you are outside the regulatory jurisdiction of the EAR. However, you may need to obtain a license or other approval from another U.S. Government agency.

Department of State, Directorate of Defense Trade Controls (DDTC)

Department of the Treasury, Office of Foreign Assets Control (OFAC)

Department of Energy, Office of Fuels Programs

Nuclear Regulatory Commission, Office of International Programs

United States Patent and Trademark Office

 

FAQs for determining jurisdiction

A term used in the EAR to describe those commodities, software, technology (e.g., technical data) and defense services over which the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) exercises regulatory jurisdiction under the International Traffic in Arms Regulations (ITAR) (see 22 CFR parts 120 through 130).

If an item is described in the U.S. Munitions List (USML) (22 CFR Part 121) of the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130), including one of its catch-all paragraphs, then the item is a defense article subject to the ITAR and there is no need to review the CCL with respect to whether it describes the item.

If an item is not described on the USML and is otherwise subject to the EAR, you then work through each of the following steps in this decision tool that is based on the CCL Order of Review to determine where the item is covered by the CCL or, if it is not covered by the CCL, and is therefore designated as EAR99.