Export Controls & Sanctions

Export Administration Regulations

Also known as: EAR

The Export Administration Regulations are the United States rules governing the export and re-export of most commercial and dual-use goods, software, and technology — items with both civilian and potential military or proliferation applications. Administered by the Commerce Department, the EAR determine whether a license is required based on what the item is, where it is going, who will receive it, and what it will be used for. Exporters must classify their products, screen their customers, and consult the country and control lists before shipping, because moving a controlled item without required authorization is a serious offense even when the customs paperwork is otherwise perfect.

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Importers assume export controls are somebody else's problem until they return goods for repair, ship samples to a foreign office, or let a foreign national look at a technical drawing. The EAR reach further than most companies expect, and the penalties are administered by an agency with no interest in whether you knew.

Where it matters for compliance

  • Jurisdiction comes first: EAR or ITAR. Answering that wrongly makes everything after it wrong.
  • Controls turn on the item, the destination, the end user and the end use — all four, not just the first.

Related terms