The term “dual use” is often used to describe the types of items subject to the EAR . A “dual-use” item is one that has civil applications as well as terrorism and military or weapons of mass destruction (WMD)-related applications. The precise description of what is “subject to the EAR ” is in § 734.3, which does not limit the EAR to controlling only dual-use items. In essence, the EAR control any item warranting control that is not exclusively controlled for export, reexport, or transfer (in-country) by another agency of the U.S. Government or otherwise excluded from being subject to the EAR pursuant to § 734.3(b) of the EAR . Thus, items subject to the EAR include purely civilian items, items with both civil and military, terrorism or potential WMD-related applications, and items that are exclusively used for military applications but that do not warrant control under the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 et seq.).
[78 FR 22705, Apr. 16, 2013]Interactive EAR
- § 730.1 What these regulations cover.
- § 730.2 Statutory authority.
- § 730.3 “Dual use” and other types of items subject to the EAR.
- § 730.4 Other control agencies and departments.
- § 730.5 Coverage of more than exports.
- § 730.6 Control purposes.
- § 730.7 License requirements and exceptions.
- § 730.8 How to proceed and where to get help.
- § 730.9 Organization of the Bureau of Industry and Security.
- § 730.10 Advisory information.
- Supplement No. 1 to Part 730—Information Collection Requirements Under the Paperwork Reduction Act: OMB Control Numbers
- Supplement No. 2 to Part 730—Technical Advisory Committees
- Supplement No. 3 to Part 730—Other U.S. Government Departments and Agencies With Export Control Responsibilities
- § 732.1 Steps overview.
- § 732.2 Steps regarding scope of the EAR.
- § 732.3 Steps regarding the ten general prohibitions.
- § 732.4 Steps regarding License Exceptions.
- § 732.5 Steps regarding Electronic Export Information (EEI) requirements, Destination Control Statements, and recordkeeping.
- § 732.6 Steps for other requirements.
- Supplement No. 1 to Part 732—Export Control Decision Tree
- Supplement No. 2 to Part 732—Subject to the Ear?
- Supplement No. 3 to Part 732—BIS's “Know Your Customer” Guidance and Red Flags
- § 734.1 Introduction.
- § 734.2 Subject to the EAR.
- § 734.3 Items subject to the EAR.
- § 734.4
De minimis U.S. content. - § 734.5 Activities of U.S. and foreign persons subject to the EAR.
- § 734.6 Assistance available from BIS for determining licensing and other requirements.
- § 734.7 Published.
- § 734.8 “Technology” or “software” that arises during, or results from, fundamental research.
- § 734.9 Foreign-Direct Product (FDP) Rules.
- § 734.10 Patents and standards-related activity.
- § 734.11 BIS activities conducted outside the United States.
- § 734.12 Effect on foreign laws and regulations.
- § 734.13 Export.
- § 734.14 Reexport.
- § 734.15 Release.
- § 734.16 Transfer (in-country).
- § 734.17 Export of encryption source code and object code software.
- § 734.18 Activities that are not exports, reexports, or transfers.
- § 734.19 Transfer of access information.
- § 734.20 Activities that are not deemed reexports.
- Supplement No. 1 to Part 734—Model Certification for Purposes of the FDP Rule
- Supplement No. 2 to Part 734—Guidelines for De Minimis Rules
- § 740.1 Introduction.
- § 740.2 Restrictions on all License Exceptions.
- § 740.3 Shipments of limited value (LVS).
- § 740.4 Shipments to Country Group B countries (GBS).
- § 740.6 Technology and software under restriction (TSR).
- § 740.7 Computers (APP).
- § 740.8 Notified Advanced Computing (NAC) and Advanced Computing Authorized (ACA).
- § 740.9 Temporary imports, exports, reexports, and transfers (in-country) (TMP).
- § 740.10 License Exception Servicing and replacement of parts and equipment (RPL).
- § 740.11 Governments, international organizations, international inspections under the Chemical Weapons Convention, and the International Space Station (GOV).
- § 740.12 Gift parcels and humanitarian donations (GFT).
- § 740.13 Technology and software—unrestricted (TSU).
- § 740.14 Baggage (BAG).
- § 740.15 Aircraft, vessels and spacecraft (AVS).
- § 740.16 Additional permissive reexports (APR).
- § 740.17 Encryption commodities, software, and technology (ENC).
- § 740.18 Agricultural commodities (AGR).
- § 740.19 Consumer Communications Devices (CCD).
- § 740.20 License Exception Strategic Trade Authorization (STA).
- § 740.21 Support for the Cuban People (SCP).
- § 740.22 Authorized Cybersecurity Exports (ACE).
- Supplement No. 1 to Part 740—Country Groups
- Supplement No. 2 to Part 740—Items That May Be Donated To Meet Basic Human Needs Under the Humanitarian License Exception
- Supplement No. 3 to Part 740—License Exception ENC Favorable Treatment Countries
- Supplement No. 4 to Part 740—Annex A Firearm Models
- § 740.23 Medical Devices (MED).
- § 740.24 Implemented Export Control (IEC).
- § 742.1 Introduction.
- § 742.2 Proliferation of chemical and biological weapons.
- § 742.3 Nuclear nonproliferation.
- § 742.4 National security.
- § 742.5 Missile technology.
- § 742.6 Regional stability.
- § 742.7 Crime control and detection.
- § 742.8 Anti-terrorism: Iran.
- § 742.9 Anti-terrorism: Syria.
- § 742.11 Specially designed implements of torture, including thumbscrews, thumbcuffs, fingercuffs, spiked batons, and parts and accessories, n.e.s.
- § 742.13 Communications intercepting devices; software and technology for communications intercepting devices.
- § 742.14 Significant items: hot section technology for the development, production or overhaul of commercial aircraft engines, components, and systems.
- § 742.15 Encryption items.
- § 742.17 Exports of firearms to OAS member countries.
- § 742.18 Chemical Weapons Convention (CWC or Convention).
- § 742.19 Anti-terrorism: North Korea.
- Supplement No. 1 to Part 742—Nonproliferation of Chemical and Biological Weapons
- Supplement No. 2 to Part 742—Anti-Terrorism Controls: North Korea, Syria Contract Sanctity Dates and Related Policies
- Supplement No. 6 to Part 742—Technical Questionnaire for Encryption and Other “Information Security” Items
- Supplement No. 7 to Part 742—Description of Major Weapons Systems
- Supplement No. 8 to Part 742—Self-Classification Report for Encryption Items
- Supplement No. 3 to Part 742—High-Risk Destinations for Firearms and Related Items
- § 743.1 Wassenaar Arrangement.
- § 743.2 High performance computers: Post shipment verification reporting.
- § 743.3 Thermal imaging camera reporting.
- § 743.4 Conventional arms reporting.
- § 743.5 Prior notifications to Congress of Exports of “600 Series Major Defense Equipment.”
- § 743.6 Prior notifications to Congress of exports of certain semiautomatic firearms.
- Supplement No. 1 to Part 743—Wassenaar Arrangement Participating States
- § 743.7 Reporting on GAAFET General License.
- § 743.8 Reporting on quantum deemed exports and deemed reexports.
- § 744.1 General provisions.
- § 744.2 Restrictions on certain nuclear end-uses.
- § 744.3 Restrictions on certain rocket systems (including ballistic missiles, space launch vehicles and sounding rockets) and unmanned aerial vehicles (including cruise missiles, target drones and reconnaissance drones) end-uses.
- § 744.4 Restrictions on certain chemical and biological weapons end-uses.
- § 744.5 Restrictions on certain maritime nuclear propulsion end-uses.
- § 744.6 Restrictions on specific activities of “U.S. persons.”
- § 744.7 Restrictions on certain exports to and for the use of certain foreign vessels or aircraft.
- § 744.8 Restrictions on exports, reexports, and transfers (in-country) when certain persons designated on the list of Specially Designated Nationals and Blocked Persons (SDN List) are a party to the transaction.
- § 744.9 Restrictions on exports, reexports, and transfers (in-country) of certain cameras, systems, or related components.
- § 744.10 Restrictions on certain entities in Russia.
- § 744.11 License requirements that apply to entities acting or at significant risk of acting contrary to the national security or foreign policy interests of the United States.
- § 744.12 Restrictions on exports and reexports to persons designated in or pursuant to Executive Order 13224 (Specially Designated Global Terrorist) (SDGT).
- § 744.13 Restrictions on exports and reexports to persons designated pursuant to Executive Order 12947 (Specially Designated Terrorist) (SDT).
- § 744.14 Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).
- § 744.15 Restrictions on exports, reexports and transfers (in-country) to persons listed on the unverified list.
- § 744.16 Entity List.
- § 744.17 Restrictions on certain exports, reexports and transfers (in-country) of microprocessors and associated “software” and “technology” for “military end uses” and to “military end users.”
- § 744.18 Restrictions on exports, reexports, and transfers to persons designated in or pursuant to Executive Order 13315.
- § 744.19 Licensing policy regarding persons sanctioned pursuant to specified statutes.
- § 744.20 License requirements that apply to certain sanctioned entities.
- § 744.21 Restrictions on certain 'military end uses' or 'military end users'.
- § 744.22 Restrictions on exports, reexports, and transfers (in-country) to certain military-intelligence end uses or end users.
- § 744.23 “Supercomputer,” “advanced-node integrated circuits,” and semiconductor manufacturing equipment end use controls.
- Supplement No. 1 to Part 744—Military End-Use Examples for § 744.17
- Supplement No. 2 to Part 744—List of Items Subject to the Military End Use or End User License Requirement of § 744.21
- Supplement No. 3 to Part 744—Countries Not Subject to Certain Nuclear End-Use Restrictions in § 744.2(
a ) - Supplement No. 4 to Part 744—Entity List
- Supplement No. 5 to Part 744—Procedures for End-User Review Committee Entity List and 'Military End User' (MEU) List Decisions
- Supplement No. 6 to Part 744—Unverified List
- Supplement No. 7 to Part 744—'Military End-User' (MEU) List
- § 745.1 Advance notification and annual report of all exports of Schedule 1 chemicals to other States Parties.
- § 745.2 End-Use Certificate reporting requirements under the Chemical Weapons Convention.
- Supplement No. 1 to Part 745—Schedules of Chemicals
- Supplement No. 2 to Part 745—States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction
- Supplement No. 3 to Part 745—Foreign Authorized Agencies Responsible for Issuing End-Use Certificates Pursuant to § 745.2
- § 746.1 Introduction.
- § 746.2 Cuba.
- § 746.3 Iraq.
- § 746.4 North Korea.
- § 746.6 Temporarily occupied Crimea region of Ukraine and covered regions of Ukraine.
- § 746.7 Iran.
- § 746.8 Sanctions against Russia and Belarus.
- § 746.9 Syria.
- Supplement No. 1 to Part 746—Examples of Luxury Goods
- Supplement No. 2 to Part 746—Russian and Belarusian Industry Sector Sanction List Pursuant to § 746.8(
a )(4) - Supplement No. 3 to Part 746—Countries Excluded from Certain License Requirements of §§ 746.6, 746.7, and 746.8
- Supplement No. 4 to Part 746—Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.8(
a )(5) - Supplement No. 5 to Part 746—'Luxury Goods' Sanctions for Russia and Belarus Pursuant to § 746.8(
a )(7) - Supplement No. 6 to Part 746—Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.8(
a )(6) - Supplement No. 7 to Part 746—Items That Require a License Under § 746.6 When Destined to the Temporarily Occupied Crimea Region of Ukraine, Under § 746.7 When Destined to Iran, and Under § 746.8 When Destined to Russia or Belarus
- § 748.1 General provisions.
- § 748.2 Obtaining forms; mailing addresses.
- § 748.3 Classification requests and advisory opinions.
- § 748.4 Basic guidance related to applying for a license.
- § 748.5 Parties to the transaction.
- § 748.6 General instructions for license applications.
- § 748.7 Registering for electronic submission of license applications and related documents.
- § 748.8 Unique application and submission requirements.
- § 748.9 Support documents for evaluation of foreign parties in license applications and/or for promoting compliance with license requirements.
- § 748.10 People's Republic of China (PRC) End-User Statement.
- § 748.11 Statement by Ultimate Consignee and Purchaser.
- § 748.12 Firearms import certificate or import permit.
- § 748.13 Hong Kong import and export licenses.
- § 748.14 Granting of exceptions to the support documentation requirements.
- § 748.15 Authorization Validated End-User (VEU).
- Supplement No. 1 to Part 748—BIS-748P, BIS-748P-A; Item Appendix, and BIS-748P-B; End-User Appendix; Multipurpose Application Instructions
- Supplement No. 2 to Part 748—Unique Application and Submission Requirements
- Supplement No. 3 to Part 748—Statement by Ultimate Consignee and Purchaser Content Requirements
- Supplement No. 5 to Part 748—U.S. Import Certificate and Delivery Verification Procedure
- Supplement No. 7 to Part 748—Validated End-User (VEU) Authorization: List of Validated End-Users, Respective Items Eligible for Export, Reexport, and Transfer (In-Country), and Eligible Destinations
- Supplement No. 8 to Part 748—Information Required in Requests for VEU Authorization
- Supplement No. 9 to Part 748—End-User Review Committee Procedures
- § 750.1 Scope.
- § 750.2 Processing of Classification Requests and Advisory Opinions.
- § 750.3 Review of license applications by BIS and other government agencies and departments.
- § 750.4 Procedures for processing license applications.
- § 750.6 Denial of license applications.
- § 750.7 Issuance of licenses.
- § 750.8 Revocation or suspension of licenses.
- § 750.9 Duplicate licenses.
- § 750.10 Transfers of licenses for exports.
- § 750.11 Shipping tolerances.
- § 754.1 Introduction.
- § 754.3 Petroleum products not including crude oil.
- § 754.4 Unprocessed western red cedar.
- § 754.5 Horses for export by sea.
- § 754.6 Registration of U.S. agricultural commodities for exemption from short supply limitations on export.
- § 754.7 Petitions for the imposition of monitoring or controls on recyclable metallic materials; Public hearings.
- Supplement No. 1 to Part 754—Crude Petroleum and Petroleum Products
- Supplement No. 2 to Part 754—Unprocessed Western Red Cedar
- § 758.1 The Electronic Export Information (EEI) filing to the Automated Export System (AES).
- § 758.2 Automated Export System (AES).
- § 758.3 Responsibilities of parties to the transaction.
- § 758.4 Use of export license.
- § 758.5 Conformity of documents and unloading of items.
- § 758.6 Destination control statement and other information furnished to consignees.
- § 758.7 Authorities of the Bureau of Industry and Security, Office of Export Enforcement (OEE).
- § 758.8 Return or unloading of cargo.
- § 758.9 Other applicable laws and regulations.
- § 758.10 Entry clearance requirements for temporary imports.
- § 758.11 Export clearance requirements for firearms and related items.
- § 760.1 Definitions.
- § 760.2 Prohibitions.
- § 760.3 Exceptions to prohibitions.
- § 760.4 Evasion.
- § 760.5 Reporting requirements.
- Supplement No. 1 to Part 760—Interpretations
- Supplement No. 2 to Part 760—Interpretation
- Supplement No. 3 to Part 760—Interpretation
- Supplement No. 4 to Part 760—Interpretation
- Supplement No. 5 to Part 760—Interpretation
- Supplement No. 6 to Part 760—Interpretation
- Supplement No. 7 to Part 760—Interpretation
- Supplement No. 8 to Part 760—Interpretation
- Supplement No. 9 to Part 760—Interpretation
- Supplement No. 10 to Part 760—Interpretation
- Supplement No. 11 to Part 760—Interpretation
- Supplement No. 12 to Part 760—Interpretation
- Supplement No. 13 to Part 760—Interpretation
- Supplement No. 14 to Part 760—Interpretation
- Supplement No. 15 to Part 760—Interpretation
- Supplement No. 16 to Part 760—Interpretation
- Supplement No. 17 to Part 760—Interpretation
- § 764.1 Introduction.
- § 764.2 Violations.
- § 764.3 Sanctions.
- § 764.4 Reporting of violations.
- § 764.5 Voluntary self-disclosure.
- § 764.6 Protective administrative measures.
- § 764.7 Activities involving items that may have been illegally exported or reexported to Libya.
- § 764.8 Voluntary self-disclosures for boycott violations.
- Supplement No. 1 to Part 764—Standard Terms of Orders Denying Export Privileges
- § 766.1 Scope.
- § 766.2 Definitions.
- § 766.3 Institution of administrative enforcement proceedings.
- § 766.4 Representation.
- § 766.5 Filing and service of papers other than charging letter.
- § 766.6 Answer and demand for hearing.
- § 766.7 Default.
- § 766.8 Summary decision.
- § 766.9 Discovery.
- § 766.10 Subpoenas.
- § 766.11 Matter protected against disclosure.
- § 766.12 Prehearing conference.
- § 766.13 Hearings.
- § 766.14 Interlocutory review of rulings.
- § 766.15 Proceeding without a hearing.
- § 766.16 Procedural stipulations; extension of time.
- § 766.17 Decision of the administrative law judge.
- § 766.18 Settlement.
- § 766.19 Reopening.
- § 766.20 Record for decision and availability of documents.
- § 766.21 Appeals.
- § 766.22 Review by Under Secretary.
- § 766.23 Related persons.
- § 766.24 Temporary denials.
- § 766.25 Administrative action denying export privileges.
- Supplement No. 1 to Part 766—Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases
- Supplement No. 2 to Part 766—Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases Involving Antiboycott Matters
- § 768.1 Introduction.
- § 768.2 Foreign availability described.
- § 768.3 Foreign availability assessment.
- § 768.4 Initiation of an assessment.
- § 768.5 Contents of foreign availability submissions and Technical Advisory Committee certifications.
- § 768.6 Criteria.
- § 768.7 Procedures.
- § 768.8 Eligibility of expedited licensing procedures for non-controlled countries.
- § 768.9 Appeals of negative foreign availability determinations.
- § 768.10 Removal of controls on less sophisticated items.
- Supplement No. 1 to Part 768—Evidence of Foreign Availability
- § 774.1 Introduction.
- Supplement No. 1 to Part 774—The Commerce Control List
- Supplement No. 2 to Part 774—General Technology and Software Notes
- Supplement No. 3 to Part 774—Statements of Understanding
- Supplement No. 4 to Part 774—Commerce Control List Order of Review
- Supplement No. 5 to Part 774—Items Classified Under ECCNS 0A521, 0B521, 0C521, 0D521 and 0E521
- Supplement No. 6 to Part 774—Sensitive List
- Supplement No. 7 to Part 774—Very Sensitive List
Chapter VII
This version is the current regulation | Last updated:
November 1, 2024