What is Export Administration Regulations?

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Export Administration Regulations Definition

EAR (Export Administration Regulations) is one of two U.S. laws dealing with export controls that affect the sales, distribution, and manufacturing of technology products. EAR governs controls on the export of commercial goods, software, and technology, including “dual-use” items that can be used both for commercial and military purposes. EAR compliance requires a company to adhere to various regulations that are enforced by the Bureau of Industry and Security (BIS).

What is a EAR Compliance

FAQs

What is the difference between EAR and ITAR?

International Traffic in Arms Regulations (ITAR) regulates the sale, distribution, and manufacturing of defense-related items, whereas Export Administration Regulations (EAR) regulates commercial and dual-use items, technology, and information not covered by ITAR.

*Source: exportsolutionsinc.com

What types of items does EAR apply to?

EAR applies to dual-use items that have both commercial and military applications, as well as items that are purely for commercial use. Item categories include:

  • Nuclear and miscellaneous
  • Materials, chemicals, microorganisms, and toxins
  • Materials processing
  • Electronics
  • Computers
  • Telecommunications
  • Information security
  • Sensors and lasers
  • Navigation and avionics
  • Marine
  • Aerospace and propulsion

*Source: exportsolutionsinc.com

Who is subject to EAR?

Companies that manufacture products and technology in the U.S. with either dual (i.e., commercial and military) or solely commercial applications are subject to EAR regulations.

*Source: tradecompliance.pitt.edu

What is EAR declaration?

An EAR declaration, also known as a declaration control statement (DCS), is a formal statement that provides explicit notice to foreign parties that the commodity received is subject to U.S. export control laws, and that the commodity may not be used or retransferred in violation of U.S. laws. The declaration statement should appear on export shipping documentation for all controlled items.

*Source: torrestradelaw.com

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ITAR and EAR are two regulatory structures that control the export of defense articles, including technology, technical data, dual-use articles, and more. Any business involved in the design, manufacture, or sale of these articles will need to complete ITAR and/or EAR registration and will have technical data and technology that must be secured to comply with these standards.

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