Export Administration Regulations (EAR)
The Export Administration Regulations (EAR), authorized by the US Department of Commerce, regulates the export of “dual-use” items. These items include goods and related technology (including technical data and technical assistance) which are designed for commercial purposes, but which could also have a military application.
Technical data includes blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, and instructions written or recorded on other media or devices, such as disk, tape, and read-only memories. Technical assistance includes instruction, skills training, working knowledge, and consulting services.
Commerce Control List (CCL)
The Department of Commerce has developed a list, the Commerce Control List (CCL), that codifies what goods and technologies are controlled under the EAR. The level of control is dependent upon the specifications of the device and associated technology. A license may be required to export the good or technology, depending upon the destination country, the recipient, and the end use. Some exclusions and exemptions apply.
The CCL includes 10 broad categories:
- Nuclear Materials, Facilities and Equipment, and Miscellaneous
- Materials, Chemicals, Microorganisms, and Toxins
- Materials Processing
- Telecommunication and Information Security
- Lasers and Sensors
- Navigation and Avionics
- Propulsion Systems, Space Vehicles, and Related Equipment
The regulations also include a “catch-all” category, called EAR99, which covers any good or technology that is subject to the EAR but not included on the CCL. These items generally do not require a license; however, a license may still be required for these items because of embargoes, sanctions, the recipient, and/or the end use.
The penalties for engaging in restricted activities without the proper export control license can be severe, and individuals can be held personally liable. Both individuals and the University can face criminal and civil penalties if export control violations occur.
If you are sending goods and/or technology outside of the US, please consult with the ORCI to discuss your specific situation to determine if an export control license is required (616-331-3197; email@example.com).