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Key U.S. Export Control Regulations and Agencies

 
 
Export Administration Regulation ("EAR") 

The EAR covers "Dual Use" technology that has both commercial and potential military uses. These regulations are administered by the U.S. Department of Commerce, Bureau of Industry and Security ("BIS").

Under the EAR, an export includes the "release of technology or source code subject to the EAR" to a foreign national. The BIS website includes a set of FAQs that define terms related to "deemed exports" and provide answers to deemed export questions.

International Traffic in Arms Regulations ("ITAR")

The ITAR covers items on the United States Munitions List ("USML") and generally applies to items that are specifically designed, modified, configured, or adapted for military or space use. These regulations are administered by the U.S. Department of State, Directorate of Defense Trade Controls ("DDTC").

Under the ITAR, an export is defined to include "disclosing of technical data to... (or) performing a defense service on behalf of... a foreign national". In general, any transfer or release of ITAR technical data or services to a foreign national requires an export license.

U.S. Sanction Regulations

The U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") administers sanction regulations, including: (a) a comprehensive embargo against Cuba, Iran, and Sudan; and (b) an embargo against certain persons, e.g., Specially Designated Terrorists (SDT), Foreign Terrorist Organizations (FTO), Specially Designated Global Terrorists (SDGT), and Specially Designated Narcotics Traffickers (SDNT).