Department of Commerce

The Department of Commerce's Bureau of Industry and Security (BIS) oversees the Export Administration Regulations (EAR). Generally, the EAR encompasses items (physical items, technology, and software) that have both a commercial and military use ("dual-use"). It also covers items that are purely for military/defense purposes, but are "less militarily significant" than those covered for certain transactions, prior to the transaction occurring.

Export Administration Regulations (EAR)

  • Citation: 15 CFR chapter VII, subchapter C
  • Agency: Bureau of Industry & Security (BIS), US Department of Commerce
  • Statutory Authority: Export Administration Act (EAA) and the International Emergency Economic Powers Act (IEEPA)
  • Regulations: Export Administration Regulations (EAR)
  • Scope: Items in US commerce that are not controlled by another agency. Controls are predominantly related to dual-use (ones with military and commercial utility) technology listed on the Commerce Control List.
  • Examples of Items Controlled: lasers, infectious agents, computers, encryption technology, sensors, navigation and avionics, propulsion systems, toxins, chemicals, certain materials for the manufacture of controlled goods, and telecommunications equipment.
  • The Commerce Control List categories:

    1. Nuclear Materials, Facilities & Equipment (and Miscellaneous Items)
    2. Materials, Chemicals, Microorganisms, and Toxins
    3. Materials Processing
    4. Electronics Design, Development and Production
    5. Computers
    6. Telecommunications and Information Security
    7. Sensors and Lasers
    8. Navigation and Avionics
    9. Marine
    10. Propulsion Systems, Space Vehicles and Related Equipment