Export Regulations

Export Administration Regulations (EAR)

The Commerce Department’s Export Administration Regulations govern “dual-use” items. These are hardware, materials, equipment, software, technology, technical data and technical assistance having both civilian and military or defense applications. Commerce places destination (country) and end-user/user-based controls by requiring prior authorization (license) prior to export. (15 CFR 700-799)

Items controlled by EAR are listed on the Commerce Control List (CCL). An item’s EAR classification, destination country, receiving party and end use all factor into whether a license is required for the export of an EAR-controlled item.

International Traffic in Arms Regulations (ITAR)

The Department of State’s International Traffic in Arms Regulations govern defense articles and activities, as well as space launch-related items and activities. Defense articles are defined generally as hardware, materials, equipment, software, technology and technical data, and defense services (assistance or training to non-U.S. persons, whether or not in the United States, with respect to defense articles). The ITAR governs many types of commercially available items built to military specifications commonly used in research activities.

Items controlled by ITAR are listed on the U.S. Munitions List (USML). Unless a specific exclusion or exemption applies, licenses are required for the export of an ITAR-controlled item. Certain countries, such as China, are prohibited destinations under the ITAR, meaning no licenses will be issued. (22 CFR 120-129)

Office of Foreign Assets Controls (OFAC)

The Department of Treasury’s Office of Foreign Assets Controls governs exports and other transactions with economically embargoed countries and parties as well as those designated as sponsoring terrorism. While OFAC maintains economic embargoes with numerous countries, the only countries that directly impact exports (outbound and laboratory access) are Cuba, Iran, North Korea, Syria and Sudan. Similar to the EAR and ITAR, transactions with these countries require licenses.

OFAC also maintains the Specially Designated Nationals and Blocked Persons List (the SDN list), comprising:

• Individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries
• Individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific

SDN-listed entities’ assets are blocked and U.S. persons are generally prohibited from dealing with them. Restricted Party Screening will identify whether entities are on the SDN list or are considered restricted parties.

Nuclear Regulatory Commission (NRC)

The Nuclear Regulatory Commission governs exports of certain nuclear equipment and materials. (10 CFR 110.8 and 10 CFR 110.9)

Department of Energy (DOE)

The Department of Energy’s regulations govern Foreign Nuclear Assistance and export of unclassified nuclear technology. DOE lists activities identified as acceptable, activities prohibited and activities requiring prior reporting to DOE. They also have an “A List” of countries that are less restrictive.

• 10 CFR 810.6 - Generally authorized activities
• 10 CFR 810.7 - Activities requiring specific authorization

Homeland Security

Homeland Security regulates exports of Protected Critical Infrastructure Information (PCII), which arises when utilities and other national infrastructure assets are involved (e.g., experiments performed on the U.S. power grid).