Export control regulations are federal laws that prohibit the unlicensed export of certain commodities or information for reasons of national security or protections of trade. The us department of commerce enforces the export administration regulations ear through the bureau of industry and security bis. The following video provides an overview of the export administration regulations ear as administered by the u. International trade blog shipping solutions export. The minimum antidiversion statement for goods exported under u. Ear is largely a legal document that defines the type of products and data that can be lawfully exported.
Revisions to definitions in the export administration regulations bis. For brevity, these questions and answers refer only to technology but apply equally to source code. Both delivery methods can qualify as an export under the ear. The controlled items are found in lists published by the u. Program overseeing agency scope exporter responsibility resources. Usually appears on title page but may be on internal pages too. In general, the ear govern whether a person may export a thing from the u. Department of commerces bureau of industry and security, as well as the role of the u. Department of commerces bureau of industry and security bis administers u. Department of commerce, bureau of industry and security bis controls goods and information having either civilian or military uses through the export administration regulations ear.
The export administration regulations ear are a set of regulations found at 15 c. Department of commerce s bureau of industry and security bis administers the export administration regulations ear that govern the export of commercial and dualuse goods, software and technology, including hardware and software containing certain encryption algorithms. The department of commerces bureau of industry and security bis enforces the export administration regulations ear, which govern the. This information has been updated to reflect recent changes to the united states export administration regulations.
Federal register expansion of export, reexport, and. The export control regulations govern what laboratory instruments, equipment, materials, software, technology and technical data can be transferred abroad by any means e. Faqs is the export or reexport of software in machine readable. While eccns for microsoft products are provided in order to facilitate export operations, the exporter is responsible for complying with the export administration regulations ear. Department of commerce bureau of industry and security bis. This information is not intended to replace the ear, but used in conjunction with the ear to assist you in the export of ibm s hardware and software products. Export laws and regulations in accordance with the export administration regulations. Its aim is to ensure national security by incorporating commercial and research aims. Census bureau uses this data, which they call electronic export information eei, to compile statistics on economic indicators. Government because of national security concerns and the need for secure government communications and intelligence gathering. Us export administration regulations ear microsoft.
The regulations describe the export rules and restrictions on a wide range of commodities, technologies, and software. Because most commercial software is subject to the ear, this article focuses on the bis regulatory framework. Office of export enforcement bureau of industry and. Export administration regulations bureau of industry and security march 9, 2020 technical note at the end of category 4 of the commerce control list. Licenses are required for release of controlled technology or software to a. They are administered by the bureau of industry and security, which is part of the us commerce department. The ear broadly governs and imposes controls on the export and reexport of most commercial goods, software, and technology, including dualuse items that can be.
These regulations are in place for the national security of the u. Commercial encryption export controls can be found at the bureau of industry and security web site. The export administration regulations are a set of regulations found at 15 c. Revisions to definitions in the export administration regulations. In the world of export and the export administration regulations ear, these finished good items are classified as equipment and found in category a of the export control classification number eccn contained on the commerce control list ccl, not as technology. Given the appropriate eccn, you should consult the export administration regulations ear or your export counsel to determine the appropriate license type and eligible countries for export purposes. Items controlled under the ear are placed on the commerce control list ccl. Department of commerces bureau of industry and security bis is responsible for implementing and enforcing the export administration regulations ear, which regulate the export and re export of most commercial items. Export controls for software companies what you need to know many u. Bureau of industry and security bis enforces the export administration regulations ear, which govern the export and re export of commercial and dual use commodities generally those items not listed on the usml. As a general rule outlined in part 762 of the export administration regulations, export regulations require you to maintain export documentation for at least five years after an export transaction is complete. Bis administers regulations that control the movement of dualuse. This site seeks to provide basic information on export control regulations which.
Controls under the export administration regulations, coping with u. Information on the export control status of ibm hardware and software products and comparison of ibm s hardware and software and the export administration regulations ear commerce control list ccl. Part 738 commerce control list overview and the country chart. This final rule is part of the administrations export control reform ecr initiative.
Export controls for software companies what you need to. State departments directorate of defense trade controls, and the u. Legal authority for the export administration regulations. Export administration regulations ear us department of commerces bureau of industry and security. An export of technology or source code except encryption source code is deemed to take place when it is released to a foreign national within the united states. Bis export administration regulations software ecustoms. Export administration regulations ear definition of software. Export control laws and regulations restrict two principal areas of activity. This is the system that the united states uses to collect data on exports out of the country as outlined in the foreign trade regulations ftr the u. Our solutions integrate export controls into your current business processes to assist you in achieving compliance with bis and ear. Before you export, you need to determine whether your product, technology, or service might need an export license. Department of commerce, regulates exports through the export administration regulations ear.
Tackling a software or encryption software export or deemed export. Sold from stock at retail selling points, without restriction, by. Export administration regulations ear compliance solutions. Strictly commercial, dualuse, and less sensitive military commodities, software and technology check lists of parties of concern on the bis website. The export of technology that is required for the development, production, or use of items on the commerce control list is controlled according to the provisions in each category. Export controls international trade administration. Export administration regulations to determine whether or not you need to apply for an export license, and screen all the parties in your export transactions against all the u. Cryptography is treated as a critical technology and is closely regulated by the u. Export administration regulations ear of the department of commerce covers equipment, materials, software and related information i. Per part 772 of the export administration regulations ear, technology is information necessary for the development, production, use operation. To learn more about visual compliances software solutions, call tollfree 18773287866 intl. The export administration regulations ear contain a list of names of certain foreign persons including businesses, research institutions, government and private organizations, individuals, and other types of legal persons that are subject to specific license requirements for the export, reexport andor transfer incountry of. Export administration regulations ear of the department of commerce covers dual use equipment, materials, and other technologies with both commercial and military application or that are controlled for other reasons of national policy. The export control system of the united states has been evolving dynamically since early days reflecting the countrys which are changing from administrationstrategic interests to administration.
Department of commerces bureau of industry and security bis under the export administration regulations the ear. Regulations set forth in parts 730774, inclusive, of title 15 of the code of federal regulations. For more information about our export compliance software solutions. Export administration regulations changes effective september 20, 2016, all ti software previously classified as eccn 5d002, license exception tsu is now classified as eccn publicly available. In addition to research in science and engineering, bis included the term. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u. Government, known respectively as the united states munitions list and the commerce. The ear is a set of regulations which are administered by the bureau of industry and security which is part of u. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications links below open the individual sections of the commerce control list.
Historical background of export control development in. Software available on this web site contains cryptography and is therefore subject to us government export control under the u. The export administration regulations ear administered by the bureau of industry and security bis and. Department of commerce authority says, these commodities, technology, or software were exported from the united states in accordance with the export administration regulations. The bureau of industry and security bis is amending the export administration regulations ear to expand license requirements on exports, reexports, and transfers incountry of items intended for military end use or military end users in the peoples republic of china china, russia, or venezuela. Export administration regulations ear are a set of rules and regulations as well as legal protocols related to united states export control law.
The acep voting members include the assistant secretary of commerce for export administration. With the rapid development of the technology sectors in many lowcost countries, more and more u. The bureau of industry and security bis, a branch of the u. As an exporter, you will no doubt become familiar with the automated export system aes if you arent already. The export administration regulations ear define a deemed export as the release of technology or source code subject to the ear to a foreign national in the united states. Theyll help you analyze your restricted and denied party screening requirements, evaluate your options, and. Part 734 scope of the export administration regulations. Department of commerce s bureau of industry and security bis under the export administration regulations the ear. The nature of the export has actual or potential military applications or economic protection issues. Bis screening software to help assure your compliance with export administration regulations ear and ccl classifications. Lists of export controlled items, information and software. Items include commercial products, software and technology that may pose a danger to.
Commerce destination control statement the export of these commodities, technology or software are subject to the u. Export regulations international trade administration. Is charged with the development, implementation and interpretation of u. Export controls usually arise for one or more of the following reasons. Export administration act of 1979, as amended, effective october 1, 1979. Ear compliance solutions from visual compliance help you to easily and effectively comply with export administration regulations ear, administered by the bureau of industry and security bis. Export administration regulations provided by the other party or b disclose such technical data for use in, or export or reexport directly or indirectly, any direct product of such technical data, including software, to any destination to which such export or reexport is. Export administration regulations columbia research. Export administration regulations january 2001 general technology and software notes 1. Export controls for software companies what you need to know.