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Export Controls

Export Administration Regulations

The U.S. Department of Commerce implements the Export Administration Regulations (EAR) primarily for trade protection. The EAR differs from the ITAR because it focuses on dual use items. "Dual use" is used to distinguish EAR-controlled items that can be used in both military and commercial applications (EAR 730.3). Items regulated by the EAR are listed on the Commerce Control List (CCL). The EAR covers the transport of these items and dissemination of technical data about them to foreign nationals inside and outside of the U.S.

"Technical data" is defined in Part 772 of the EAR as "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, read-only memories." Part 734.2 of the EAR furthers this definition to include "oral exchanges of information in the United States or abroad."

If an export does not appear on the CCL or falls under one of the exceptions, it does not require an export license.

The CCL is divided into ten categories (see EAR Part 774):

0-Nuclear Materials, Facilities and Equipment, and Miscellaneous
1-Materials, Chemicals, Microorganisms, and Toxins
2-Materials Processing
3-Electronics
4-Computers
5-Telecommunications and Information Security
6-Lasers and Sensors
7-Navigation and Avionics
8-Marine
9-Propulsion Systems, Space Vehicles, and Related Equipment

Any goods or technologies that do not fit one of these categories are placed into a "catch-all category," EAR 99.

If your research fits into one of these categories and involves foreign nationals, consult the exceptions and exemptions section. If ineligible for these exceptions, contact the Graduate School about applying for a Bureau of Industry and Security (BIS) license before proceeding with your research.

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