EAR
"Dual-Use" Technologies
The primary focus of the EAR is to control the export of "dual-use" technologies — i.e., items that are used, or have the potential to be used, for military as well as non-military purposes if such export could adversely affect the national interests of the United States.
Items Subject to the EAR
The following items or commodities are subject to the EAR:
- All items in the United States, including in a U.S. Foreign Trade Zone or moving in-transit through the U.S. from one country to another;
- All U.S. origin items wherever located;
- U.S. origin parts, components, materials or other commodities integrated abroad into foreign-made products, U.S. origin software commingled with foreign software, and U.S. origin technology commingled with foreign technology;
- Certain foreign-made direct products of U.S. origin technology or software;
- Certain commodities produced by any plant or major component of a plant located outside the U.S. that is a direct product of U.S.-origin technology or software.
Items that are exclusively regulated or controlled for export or reexport by the following U.S. agencies for national security or foreign policy reasons are not subject to the EAR:
- Department of State, International Traffic in Arms Regulations (ITAR)
- Treasury Department, Office of Foreign Assets Control (OFAC)
- U.S. Nuclear Regulatory Commission (NRC)
- Department of Energy (DOE)
- U.S. Patent and Trademark Office (PTO)
The following commodities are NOT subject to the EAR:
- Prerecorded phonograph records reproducing the contents of printed books, printed books, pamphlets and miscellaneous publications, newspapers and periodicals, music books, sheet music, calendars, paper, microfilm reproducing the content of the above, motion picture film and soundtrack, and advertising printed matter related thereto.
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Publicly available technology and software, except software controlled for encryption under ECCN 5D002 and mass market encryption software with symmetric key length exceeding 64-bits controlled under ECCN 5D992, that:
are published already or will be published;arise during, or resulting from, fundamental research;are educational information released by instruction in catalogue courses;
- or, are included in patents or open (published) patent applications.
Principal Risks of EAR Export Violations
EAR regulates exports, both of tangible items outside of the United States, or of software and technology in or outside the United States. Below are the primary ways in which university personnel can “export” in violation of the EAR.
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Physical Export:
Export tangible Commerce Control List equipment, software, materials, or other controlled items to a foreign country without an export license or other government approval -
Release of non-Public Information and Software:
Release to a foreign national of source code or specific information necessary for the development, production, or use of a Commerce Control List item without an export license or other government approval; other than source code or information which is:- published
- educational information, or
- information resulting from fundamental research
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Weapons of Mass Destruction Research:
Sharing, shipping, transmitting or transferring any item, information, or software that will support the design, development, production, stockpiling or use of a nuclear explosive device, chemical or biological weapons, or missiles; and -
Encryption Research:
Sharing, shipping, transmitting or transferring non-commercial encryption software in source code or object code
Ear Decision Tree
The EAR Decision Tree (PDF | 41KB) is provided as a tool to provide simplified guidance to determine when research is subject to the EAR and when a technology control plan will be required.
Please contact: David Brady, (540)231-3801, if you have questions regarding Ear jurisdiction, research subject to the EAR, or a commodity classification.