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EAR: Determining License Requirements

This quick reference guide discusses what are export administration regulations and its licensing requirements.

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EAR: Determining License Requirements

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  1. EAR:Determining License Requirements

  2. What are Export Controls? U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S. U.S. Export Control Laws 3 primary set of export and sanctions rules: • US Export Administration Regulations (EAR) • International Traffic in Arms Regulations (ITAR) • Economic Sanctions Regulations

  3. Export Administration Regulations • Found in 15 CFR Parts 730-744. • Administered under International Economic Emergency Powers Act (IEEPA). • Controlled by the Commerce Department’s Bureau of Industry and Security (BIS). • Regulates exports including re-exports and deemed exports of commercial or dual-use goods, software and technology.

  4. License Requirements • In general, license requirements depend on product classification (ECCN), destination and end user. • For goods and technology listed on the Commerce Control List (CCL), a license will be required for export, unless an exclusion or exemption applies. • The combination of reasons for control and the country of end user will determine whether a license or exception applies.

  5. No license is required when: • The item to be shipped is not on the CCL (i.e. it is EAR99). • The item is on the CCL but there is no “X” in the box on the country chart under the appropriate reason for control column and on the row for the country of destination.

  6. Some Common License Exceptions License exceptions and the condition on their use are set forth in part 740 of the EAR. Some common license exceptions: • LVS – Limited Value Shipment • TMP – Temporary Exports • CIV – Civil end Users • RSL – Servicing and Replacement Parts • TSU – Technology and Software Unrestricted • TSR – Restricted Technology and Software

  7. Want to learn more about U.S. export controls, its regulations and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Essentials of Export Controls. • How to Conduct Due Diligence for Exports to Sanctioned Countries? • Mastering U.S. Export Administration Regulations. • Implementing an Export Management and Compliance System. • Multinational Scope of US Export Controls and Economic Sanctions Laws • Is your Export Control Program Up to Standard?

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