Export Controls

Federal Regulations

Export Administration Regulations (EAR)

The Export Administration Regulations (EAR), 15 CFR §§730-774 are administered by the U.S. Department of Commerce. They regulate the export of "dual-use" items, such as goods and related technology designed for commercial purposes but which could have military applications (e.g. computers, aircraft, and pathogens). The list of EAR-controlled items (the Commerce Control List or CCL) is published at 15 CFR §774, Supplement 1. An alphabetical list of CCL items is available at the following website:

http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf

The CCL categorizes covered items into the following ten broad categories:

  1. Nuclear materials, Facilities and Equipment, and Miscellaneous
  2. Materials, Chemicals, Microorganisms, and Toxins
  3. Materials Processing
  4. Electronics
  5. Computers
  6. Telecommunications and Information Security
  7. Lasers and Sensors
  8. Navigation and Avionics
  9. Marine
  10. Propulsion Systems, Space Vehicles, and Related Equipment

For goods and technology listed on the CCL, a license will be required for export, unless an exclusion or exemption applies. Where embargoed countries are involved (see OFAC Sanctions Program below), a license will be denied.

There is an additional "catch-all" category in the regulations, EAR 99, which covers any good or technology that is subject to the EAR as defined in 15 CFR §734.3(a) but is not on the CCL. Items in the EAR 99 category may or may not require a license, depending on the country involved and individual(s) to whom the export will be made. Please contact the Office of Export Controls for assistance in determining the applicability of EAR 99.

International Traffic in Arms Regulations (ITAR)

The International Traffic in Arms Regulations (ITAR), 22 CFR §§120-130, are administered by the U.S. Department of State. ITAR regulates the export of defense articles, defense services, and related technical data ("defense" meaning that the government has determined the article, service, or data to be inherently military in nature). The list of ITAR-controlled items is published at 22 CFR §121 (the U.S. Munitions List or USML) and is available at the following website:

http://www.fas.org/spp/starwars/offdocs/itar/p121.htm#ITAR

The USML covers 21 categories including chemical and biological agents in addition to various weapons, vehicles, missiles, equipment, and electronics, and is much more broad in scope than the EAR CCL. The list includes:

  • Category I Firearms, Close Assault Weapons and Combat Shotguns
  • Category II Guns and Armament
  • Category III Ammunition / Ordnance
  • Category IV Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines
  • Category V Explosives and Energetic Materials, Propellants, Incendiary Agents and their Constituents
  • Category VI Vessels of War and Special Naval Equipment
  • Category VII Tanks and Military Vehicles
  • Category VIII Aircraft and Associated Equipment
  • Category IX Military Training Equipment & Training
  • Category X Protective Personnel Equipment & Shelters
  • Category XI Military Electronics
  • Category XII Fire Control, Range Finder, Optical and Guidance and Control Equipment
  • Category XIII Auxiliary Military Equipment
  • Category XIV Toxicological Agents, including chemical agents, biological agents, and associated equipment
  • Category XV Spacecraft Systems and Associated Equipment
  • Category XVI Nuclear Weapons, Design and Testing Related Items
  • Category XVII Classified Articles, Technical Data and Defense Services not otherwise enumerated
  • Category XVIII Directed Energy Weapons
  • Category XIX [Reserved]
  • Category XX Submersible Vessels, Oceanographic and Associated Equipment
  • Category XXI Miscellaneous Articles

The items on the list have been determined by the Department of State to be inherently military in nature (e.g. items designed to kill or defend against death in a military context). Also, although they may not meet this definition, all satellites and related technology are controlled by ITAR as a result of the 1999 Congressional expansion of ITAR jurisdiction. Unless a specific exclusion or exemption applies, licenses are required for the export of an USML-listed item.

Office of Foreign Assets Control (OFAC) Sanctions Program

In addition to the EAR and ITAR, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. The scope of the boycott program depends on the country involved and is subject to change.

Of particular note is the fact that the OFAC sanctions program may prohibit conducting surveys of persons in sanctioned countries. The complete and updated list of countries included in the sanctions program may be viewed at the following website:

http://www.treasury.gov/offices/enforcement/ofac/programs/index.shtml.