Export Administration Regulations

U.S. Export Control regulations governing the export of dual use goods and certain other categories of goods and (technical information), such as police (crime control) equipment, tools for espionage and encryption and items perceived to be potentially useful to terrorists. The EAR is administered by the United States Department of Commerce, Bureau of Industry and Security (BIS).

Among the classes of goods falling under the EAR are:

  • nuclear materials, facilities and equipment;
  • various chemicals, microorganisms and toxins;
  • certain equipment for materials processing;
  • various electronic items (for example those usable in very accurate timing circuits such as thyristors);
  • very fast or powerful computers (though this category is problematic as infrequent adjustment of power levels has resulted in the regulation applying from time to time time to fairly ordinary machines purchasable in many retail outlets);
  • telecommunications and information security (i.e., encryption and anti-eavesdropping) equipment;
  • sensors and lasers;
  • navigation equipment and avionics;
  • various marine equipment, propulsion systems; and
  • space vehicles and satellite technology.

The goods and information covered by the EAR are set forth in the Commerce Control List (“CCL”) which identifies controlled goods with an Export Control Classification Number (“ECCN”). Weaponry and military equipment is governed by a different set of regulation known as ITAR (International Traffic in Arms Regulations) administered by the United States Department of State (the “State Department.”)

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