Export Control Regulations

Printable copy of regulations

Department of Commerce, Export Administration Regulations (EAR) 
Bureau of Industry and Security (BIS) 

U. S. Bureau of Industry and Security

Regulates

Most commercial, dual-use items— items that have both commercial and military or proliferation applications. The Commerce Control List (CCL) identifies nine categories of controlled items:

  • Materials, chemicals, microorganisms, toxins
  • Materials processing
  • Electronics
  • Computers
  • Telecommunications and information security
  • Lasers and sensors
  • Navigation and avionics
  • Marine
  • Propulsion systems, space vehicles, and related
  • Any item on the CCL 

Covers (but not limited to)

Almost every field of science and engineering

 

Prohibits

Unlicensed export of controlled items, commodities, technology, software or information in the 9 categories on the CCL to restricted foreign countries, persons, and entities (including universities). For federal government purposes that includes, but is not limited to:

  • Preventing terrorism and the proliferation of weapons of mass destruction
  • Guarding against contributions to adversaries’ military potential
  • Protecting U.S. foreign policy and national security
  • Promoting U.S. economic growth and objectives

Legislation and Regulations

EAR:

Note: When accessing the Web sites linked to in this section, you may need to scroll down to get to the specific citations.

 

Department of State, International Traffic in Arms Regulations (ITAR) 
U.S. Department of State - Home Page

Regulates

Items, goods and technology that are military in purpose, or that can be used in a defense application/military operation. Focus is placed on the equipment/item's purpose - when it was first manufactured as well as its present use.

  • Tanks
  • Fighter aircraft 
  • Nerve agents 
  • Defensive equipment

Applies to military items:

  • Munitions 
  • Defense articles 
    • Technical data that incorporates software
    • Any item on the U.S. Munitions List (USML)
    • Models, mock-ups and any other items that reveal technical data directly related to the articles included on the USML 
  • Defense services 
    • Certain items/information for export may be controlled as a defense service, even if in the public domain, due to a connection with an ITAR/USML controlled item 

Covers (but not limited to)

Almost every field of science and engineering

Potential for the regulations to apply in the conduct of new and innovative research:

  • Space-related technology and research
  • Nanotechnology 
  • New materials 
  • Sensors 
  • Life sciences 

Prohibits

Unlicensed export of controlled items, commodities, technology, software or information on the USML to restricted foreign countries, persons and entities (including universities). For federal government purposes that includes, but is not limited to:

  • Preventing terrorism and the proliferation of weapons of mass destruction
  • Guarding against contributions to adversaries’ military potential 
  • Protecting U.S. foreign policy and national security

Legislation and Regulations

  • Legislation: The Arms Export Control Act, PL 90-629, as amended 22 USC 2778
  • Regulation: International Traffic in Arms Regulations, 22 CFR 120-130 

Note: When accessing the Web sites linked to in this section, you may need to scroll down to get to the specific citations.

 

Department of the Treasury, Office of Foreign Assets Control (OFAC) 
U.S. Treasury - Office of Foreign Assets Control

Regulates

Administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorist, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction.

  • Acts under presidential wartime and emergency national powers
  • Imposes controls on transactions and freezes foreign assets under U.S. jurisdiction 

Covers (but not limited to)

Economic and trade sanctions, and the transfer of items, commodities, technology, software, or information of value to embargoed countries.

Prohibits

Financial transactions/trade, the transfer of assets, and travel to sanctioned persons, countries, and entities on specially designated lists and financial advisories.

Legislation and Regulations

  • Legislation: The Antiterrorism and Effective Death Penalty Act of 1995, 18 USC 2332d
  • Regulation: Office of Foreign Assets Control Regulations, 31 CFR 500

Note: When accessing the Web sites linked to in this section, you may need to scroll down to get to the specific citations.