What U.S.-based Organizations Need to Know about Export Administration Regulations

Originally posted 2018-11-19 11:18:52

Exporting your goods to other countries can be complicated, but to make sure your exports are successfully delivered to your international market, you need to be aware of one of many regulations: the Export Administration Regulations (EAR).

EAR are issued by the Bureau of Industry & Security (BIS), an agency of the U.S. Department of Commerce. These regulations are issued under laws regulating exports, re-exports, and other trade activities. The EAR also contains an anti-boycott law, forbidding Americans to engage in an activity that advances a boycott imposed by some country against a country that is friendly with the United States.[1]

The EAR implements the Export Administration Act of 1979, which allows the President control over exports for a variety for reasons, such as national security.[2] Some controls on exports restrict access to dual use items, i.e. controlled items having both military and civil uses.[3] The Commerce Control List (CCL) points out 9 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

The EAR prohibits the unlicensed export of controlled items to restricted countries, persons, and institutions such as universities. This is for federal government to prevent terrorism, guard against assistance to an enemy’s military potential, protect U.S. foreign policy and national security, and promote U.S. economic growth and objectives. [4]

Knowing the U.S. Export Administration Regulations will ensure smoother export activities for your business and prevent delays and other issues that would negatively affect your business.

For more information about the applicability of Export Administration Regulations to your expansion efforts contact AMD LAW, www.amdlawgroup.com


[1] http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=1458a58e0abb975a06bce98c2896e4cd&rgn=div8&view=text&node=15:

Sign Up to Newsletter