Export Administration Regulations
The Export Administration Regulations (EAR) prohibit the unauthorized export of:
- Commodities, software, and technologies identified on the Commerce Control List (CCL)
- Items to restricted parties on the Entity and Denied Persons Lists
- Items for nuclear, missile/rocket, and chemical/biological weapons uses
Items on the CCL include certain material processing equipment, high-end computers, encryption technology, composite materials, lasers, navigation equipment, and a variety of other items—many of which do not appear at first blush to be particularly sensitive or sophisticated (See full CCL). Depending on the specific country and item in question, an export may require the prior authorization of the US Government.
As discussed in further detail in the section on Exports to Non-US Persons in the US, the EAR govern not only exports of items outside the US, but also disclosures of controlled software or technology to non-US persons who are located in the US.
The Entity and Denied Persons Lists contain the names of individuals and organizations that have engaged in some sort of proliferation or export activities that the U.S. Government has decided to sanction. (See Denied Persons List and Entity List.) As a general rule, it is unlawful to engage in unauthorized transactions with any persons or organizations on these lists. The export controls officer ensures that non-US parties to international material transfer agreements are not on these lists.
The EAR are administered by the Bureau of Industry and Security, US Department of Commerce, and are found at Title 15, Code of Federal Regulations, Parts 730-774.