Federal export controls are accomplished primarily through the Export Administration Regulations (EAR, implemented by the Department of Commerce for items that have both a commercial and potential military use) and the International Traffic in Arms Regulations (ITAR, implemented by the Department of State for military items and defense services). The Treasury Department’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions to protect foreign policy and national security goals.
The export control regulations most frequently encountered by the University research community are the following:
- U.S. Department of State (Directorate of Defense Trade Controls)
- International Traffic in Arms Regulations (ITAR)
- governs “defense articles and services” (items and information specifically designed or adapted for military use).
- U.S. Department of Commerce (Bureau of Industry and Security)
- Export Administration Regulations (EAR)
- governs dual use items and information predominately civilian in character by having military applications.
- U.S. Department of the Treasury (Office of Foreign Assets Control)
- Office of Foreign Assets Control Regulations (OFAC)
- administers and enforces trade embargoes and economic sanctions
- EAR Part 732 “Export License” Decision-Tree - This decision-tree flow-chart is based on the model given in the Export Administration Regulations (EAR) Part 732. The various parts of the EAR referenced are linked on each respective flow panel (click to open in PDF format).
- FBI Counterintelligence – Safeguarding Secrets and Keeping Safe resources:
- “Subject to the EAR” Decision-Tree - For non-military goods, technologies, and services–those not administered by the Department of State under the International Traffic in Arms Regulations (ITAR)–determining whether your transaction is subject to the EAR is the first step in determining if an export license is required. Answer the key questions proceeding through the flow-chart to make that determination. This decision-tree flow-chart is based on the model given in the Export Administration Regulations (EAR) Part 732 (PDF), and references EAR Part 734 (PDF).
- Questions and Answers – Technology and Software Subject to the EAR (PDF) – The EAR contains FAQs that might be helpful for purposes of export control task. In particular, there are some helpful Q&As on the subject of presentations at international conferences and foreign publication. The EAR FAQs are found at 15 CFR Part 734, Supplement No. 1.
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