EXPORT ADMINISTRATION REGULATIONS (EAR)

The Export Administration Regulations (EAR) are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, transshipments and other activities.

The export control provisions of the EAR are intended to serve the national security, foreign policy, nonproliferation, and short supply interests of the United States and, in some cases, to carry out its international obligations. Some controls are designed to restrict access to dual use items by countries or persons that might apply such items to uses inimical to U.S. interests. These include controls designed to stem the proliferation of weapons of mass destruction and controls designed to limit the military and terrorism support capability of certain countries.

How do you determine your obligations under the EAR?

Part 732 of the EAR provides steps you may follow to determine your obligations under the EAR. You will find guidance to enable you to tell whether or not your transaction is subject to the EAR and, if it is, whether it qualifies for a License Exception or must be authorized through issuance of a license.

Are your items or activities subject to the EAR at all?

Part 734 of the EAR defines the items and activities that are subject to the EAR. Note that the definition of "items subject to the EAR" includes, but is not limited to, items listed on the Commerce Control List in part 774 of the EAR.

If subject to the EAR, what do the EAR require?

Part 736 of the EAR lists all the prohibitions that are contained in the EAR. Note that certain prohibitions (General Prohibitions One through Three) apply to items as indicated on the CCL, and others (General Prohibitions Four through Ten) prohibit certain activities and apply to all items subject to the EAR unless otherwise indicated.

How do you clear shipments with the U.S. Customs Service?

Part 758 of the EAR describes the requirements for clearance of exports.

Where do you find the rules on restrictive trade practices and boycotts?

Part 760 of the EAR deals with restrictive trade practices and boycotts.

Where are the rules on records-keeping and enforcement?

Part 762 of the EAR sets out your records-keeping requirements, and parts 764 and 766 of the EAR deal with violations and enforcement proceedings.

What is the effect of foreign availability?

Part 768 of the EAR provides rules for determining foreign availability of items subject to controls.

Does the EAR provide definitions and interpretations?

Part 770 of the EAR contains interpretations and part 772 of the EAR lists definitions used.

Call toll-free 1-877-328-7866 and talk to one of our global trade compliance consultants. They'll help you analyze your requirements, evaluate your options, and provide focused product demonstrations. Or send an email to info@eCustoms.com.


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