EAR: How to Comply With Them
What are Export Controls? U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S.
U.S. Export Control Laws 3 primary set of export and sanctions rules: • US Export Administration Regulations (EAR) • International Traffic in Arms Regulations (ITAR) • Economic Sanctions Regulations
Export Administration Regulations • Found in 15 CFR Parts 730-744. • Administered under International Economic Emergency Powers Act (IEEPA). • Controlled by the Commerce Department’s Bureau of Industry and Security (BIS). • Regulates exports including re-exports and deemed exports of commercial or dual-use goods, software and technology.
EAR Control on Re-Exports US
USA
UK US-controlled export
US-controlled re-export
Customer Norway
Customer UAE
EAR applies to re-exports of US origin items
End user Libya
What is Commerce Control List (CCL)? • List of EAR controlled items. • Found in Part 774 of the EAR. • Used to determine export control classification and license requirements. • The CCL is divided into ten broad categories.
What is Export Control Classification Number (ECCN)? • Each entry in CCL is called an Export Control Classification Number (ECCN). • ECCN is an alpha-numeric code used in the CCL to classify items for determination of export licensing requirements.
License Requirements • In general, license requirements depend on product classification (ECCN), destination and end user. • For goods and technology listed on the Commerce Control List (CCL), a license will be required for export, unless an exclusion or exemption applies. • The combination of reasons for control and the country of end user will determine whether a license or exception applies.
Want to learn more about U.S. export controls, its regulations and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Essentials of Export Controls.
• How to Conduct Due Diligence for Exports to Sanctioned Coun • Mastering U.S. Export Administration Regulations.
• Implementing an Export Management and Compliance System • Multinational Scope of US Export Controls and Economic Sanctions Laws • Is your Export Control Program Up to Standard?