In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. A person may undertake transactions subject to the EAR without a license or other authorization, unless the regulations affirmatively state such a requirement. As such, if an export, reexport, or activity is subject to the EAR, the general prohibitions contained in this part and the License Exceptions specified in part 740 of the EAR must be reviewed to determine if a license is necessary.

The following activities are not deemed reexports (see “deemed reexport” definition in § 734.14(b)): (a) Authorized Release of “technology” or source code.

To the extent an authorization would be required to transfer “technology” or “software,” a comparable authorization is required to transfer access information if done with “knowledge” that such transfer would result in the release of such “technology” or “software” without a required authorization. Note 1 to § 734.19: For purposes of this section, a release of “software” includes source code and object code. [81 FR 35605, June 3, 2016, as amended at 88 FR 63841, Sept. 18, 2023]

(a) Activities that are not exports, reexports, or transfers.

(a) For purposes of the EAR, the Export of encryption source code and object code “software” means: (1) An actual shipment, transfer, or transmission out of the United States (see also paragraph (b) of this section); or (2) A transfer of such “software” in the United States to an embassy or affiliate of a foreign country. (b) The export of encryption source code and object code “software” controlled for “EI” reasons under ECCN 5D002 on the Commerce Control List (see supplement no.

Except as set forth in § 734.18(a)(3), a Transfer (in-country) is a change in end use or end user of an item within the same foreign country. Transfer (in-country) is synonymous with In-country transfer. [81 FR 35604, June 3, 2016]

(a) Except as set forth in §§ 734.18 and 734.19, “technology” and “software” are “released” through: (1) Visual or other inspection by a foreign person of items that reveals “technology” or source code subject to the EAR to a foreign person; or (2) Oral or written exchanges with a foreign person of “technology” or source code in the United States or abroad. (b) Any act causing the “release” of “technology” or “software,” through use of “access information” or otherwise, to yourself or another person requires an authorization to the same extent an authorization would be required to export

(a) Except as set forth in §§ 734.18 and 734.20, Reexport means: (1) An actual shipment or transmission of an item subject to the EAR from one foreign country to another foreign country, including the sending or taking of an item to or from such countries in any manner; (2) Releasing or otherwise transferring “technology” or source code subject to the EAR to a foreign person of a country other than the foreign country where the release or transfer takes place (a deemed reexport); (3) Transferring by a person outside the United States of registration, control, or ownership of: (i) A spacecr

(a) Except as set forth in § 734.17 or § 734.18, Export means: (1) An actual shipment or transmission out of the United States, including the sending or taking of an item out of the United States, in any manner; (2) Releasing or otherwise transferring “technology” or source code (but not object code) to a foreign person in the United States (a “deemed export”); (3) Transferring by a person in the United States of registration, control, or ownership of: (i) A spacecraft subject to the EAR that is not eligible for export under License Exception STA (i.e., spacecraft that provide space-based

Any person who complies with any of the license or other requirements of the EAR is not relieved of the responsibility of complying with applicable foreign laws and regulations. Conversely, any person who complies with the license or other requirements of a foreign law or regulation is not relieved of the responsibility of complying with U.S. laws and regulations, including the EAR.