Please fill out the contact form below and we will reply as soon as possible. However, depending on the destination, end user, or end use of the item, even an EAR99 item may require a BIS export license. They control goods and services with potential military applications, exported predominantly for commercial purposes. BIS has delegated authority under the Export Administration Act to the PTO to approve exports and reexports of such technology which is subject to the EAR. EAR (Export Administration Regulations) ITAR is more stringent than EAR because ITAR covers articles that have DIRECT defense-related applications. Like what you see? Jurisdictional Scope and Limitations of the EAR; Generally, all goods and technical data (any references to goods or items includes the corresponding technology or technical data necessary to design, manufacture, operate or repair it) are subject to export control under the EAR . The OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries. SCM Supply Chain Management. The act was in force from 1979 to 1994, with a lapse in 1984-85. There are additional regulatory agencies within the U.S. government that have a hand in exporting activity, including: Once you know the regulatory agencies that exist, you need to know which one has control over your goods. These regulations affect the manufacturing, sale, and distribution of certain technology products, commercial goods, and software. In general, a fully documented compliance plan, an expert review of items and a sound global trade content database are needed to help determine if an export license is needed. The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology. or EARs) GPS Global Positioning System. Items not listed on the CCL are designated as EAR99, and most EAR99 commercial products don't require a license to be exported. If you've researched the ITAR and determined your item doesn't fall within its jurisdiction, the next body of export control regulation to consider is the EAR. The legislation seeks to control access to specific types of technology and the associated data. ECCNs specifically identify items that are subject to U.S. export control regulations and may require an export license. Moreover, you're responsible for designing your applications to use end-to-end data encryption that meets EAR requirements. In addition, the site offers comprehensive information about other . You can search OFACs sanctions list here. Export Administration Regulations 2017 will sometimes glitch and take you a long time to try different solutions. The EAR is applicable to dual-use items that have both commercial and military applications, and to items with purely commercial applications. Encryption items NOT Subject to the EAR 2. Treasury Department and OFAC controled and regulated embargo transactions with certain countries. The Export Administration Regulations (EAR) are a set of regulations found at 15 C.F.R. The cloud environment decision will rest with you based on your business requirements. Products that do not have an ECCN code and are not subject to control by any other U.S. agency are designated as EAR99. International Trade Blog Export Compliance, On: January 26, 2022 | By:David Noah | EAR regulates the export of defense items meant for dual purposes. This part describes the scope of the Export Administration Regulations (EAR) and explains certain key terms and principles used in the EAR. The US Department of Commerce enforces the Export Administration Regulations (EAR) through the Bureau of Industry and Security (BIS).The EAR broadly governs and imposes controls on the export and re- export of most commercial goods, software, and technology, including 'dual-use" items . An export is any movement of items outside the country. What are Export Administration Regulations (EAR)? This binding is enforced by the underlying HSM. Exporting may be completed via shipping container, regular mail, fax, internet downloads, or even transference of proprietary information via a phone conversation. Whats the difference between the EAR and International Traffic in Arms Regulations (ITAR)? Start Preamble Start Printed Page 29551 AGENCY: Bureau of Industry and Security, Department of Commerce. 5, Part 2: a. The experts at Sequoia Legal, LLC, can help, and it is an honor to be your go-to Denver Business Lawyer. All commodities trading in United States and commodities that transit through United States. Except for the Azure region in Hong Kong SAR, Azure datacenters aren't located in proscribed countries or in the Russian Federation. 730-774) (also known as the Export Administration Regulations (EAR)). According to BIS definitions, export is the transfer of protected technology or information to a foreign destination or release of protected technology or information to a foreign person in the United States, also known as deemed export. EAR include answers to frequently asked questions, instructions for finding out if a transaction is subject to regulations, instructions for requesting a commodity classification or opinion, and directions for applying for a license. The EAR applies when exporting something from the USA to another country or re-exporting the thing from one foreign country to another foreign country. Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of August 15, 2012, 77 FR 49699 (August 16, 2012), has continued the Export Administration Regulations in effect . Most exporters never plan on doing something wrong in the eyes of the law. More info about Internet Explorer and Microsoft Edge. Creating an ECP for your company does require some work, but it is a worthwhile endeavor for the health of your company. (You'll find a more detailed explanation of these controls in this free white paper: How to Determine if You Need an Export License.) 5A002.a (and equivalent software under 5D002 c.1) applies to items that: i. Contact us today to arrange a demo of our powerful Trade Content Management Solutionsby clicking here. US Export Administration Regulations (EAR) - Microsoft . All US-made item located anywhere in the world. The US EAR govern the export, reexport, and transfer (in-country) of dual-use items (commodities, software, and technology). Export Control? You can search for an ECCN code in a printed copy of the EAR or online at the BIS website. don't see or extract your cryptographic keys, Revisions to Definitions in the Export Administration Regulations. Copy the link and share . It also enforces sanctions against regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. According to the EAR, a dual-use item has both civil and military applications (including terrorist or WMD potential). LoginAsk is here to help you access Export Administration Regulations 2017 quickly and handle each specific case you encounter. NRC regulates the export and re-export of commodities related to nuclear assets. An item is considered an export even if it is only leaving the U.S. temporarily or if it is being returned to a foreign country. Export Administration Regulations (EAR) US Department of Commerce's Bureau of Industry and Security: Strictly commercial, dual-use, and less sensitive military commodities, software and technology Check lists of parties of concern on the BIS website. You can access the EAR here. While the majority of goods exported from the United States dont require an export license, those that do, require some extra work. SUMMARY: This proposed rule would revise the destination control statement in the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in the International Traffic . They are found in sections 730-774 of 15 CFR. Like what you read? The EAR broadly governs and imposes controls on the export and re-export of most commercial goods, software, and technology, including 'dual-use' items that can be used both for commercial and military purposes and certain defense items. Items in Cat. If the item isnt on the CCL, it may still fall under the export purview of one of the other government agencies listed above. Consult the BIS or legal counsel to determine the appropriate license type and eligible countries for export purposes. This article was first published in August 2018 and has been updated to include current information, links and formatting. To learn more about how Azure can help you ensure your full compliance with US export controls, review the Microsoft Azure Export Controls whitepaper. Commercial items that fall under the jurisdiction of the EAR may have an ECCN code if it is considered a dual-use item. EAR refers to other items that may not be on the USML but CAN be applied to civilian or military use, also known as "dual-use". For national security and foreign policy reasons, the United States maintains controls on the export and reexport of U.S.-origin goods and technology to all destinations around the world. IT Information Technology. The Export Administration Regulations or EAR, administered by the Commerce Department. See more result See also : Export Administration Regulation Pdf , Export Administration Regulations Full Text 97. The Export Administration Regulations, otherwise called EAR is one of two US laws dealing with export control that typically affect the sales, distribution, and manufacturing of technology product. The Export Administration Regulations (EAR) are laws governing export controls of goods and technology shipped from the United States. International shipping of controlled items and technology can be tricky, and the regulations change as U.S. foreign policies change. iii. Academic Research on Export Administration Regulations, Low Emissions RQL Flametube combustor component test results, of Internet Encryption Technologies: Separating the Wheat from the Chaff, Strength analysis of laminated and metallic plates bolted together by many fasteners, and small business research and education in Space technologies under ITAR (International Traffic in Arms, The Restructuring of National Security Controls under the 1985 Amendments to the, Act: Multilateral Diplomacy and the Extraterritorial, Customs Trade Partnership Against Terrorism (C-TPAT) - Explained, Multilateral Development Bank (MDB) - Explained, Organization of American States - Explained. They allow for the collection of statistical trade data, and also provide the tactical information required by the Bureau of Industry and Security and Customs and Border Patrol to perform their export oversight roles. Reporting Export Sales Federal law requires exporters to use the Automated Export System (AES) to report shipments valued at $2,500+ or if it requires an export license. The Bureau of Industry and Security (BIS) is a U.S. government entity responsible for implementing and enforcing the Code of Federal Regulations Title 15, ("Commerce and Foreign Trade"), Volume 2, chapter VII, subchapter C, Parts 730-774 (denoted 15 C.F.R. LoginAsk is here to help you access Ear Export Administration Regulations quickly and handle each specific case you encounter. CBP will issue a penalty for export violations; typically, the notice of penalty states that there was a violation of the Export Administration Regulations (EAR), which are in Title 15 Part 30 of the Code of Federal Regulations. Items subject to Cat. The U.S. Bureau of Industry and Security provides downloadable files regarding information on the Export Administration Regulations (EAR). Utilize an easily searchable EAR List provided by The Export Compliance Training Institute, Inc. (ECTI), the world leader in U.S. export compliance training programs for industry, government and universities/research institutions. In general, the EAR govern whether . The Export Administration Regulations (EAR), which control certain exports and technology, are part of this process. The nature of the export has actual or potential military applications or economic protection issues. For example, a company may still need a special license if it ships an EAR99 item to a country under a trade embargo. For more information regarding the EAR, your should review: For more information about Office 365 compliance, see Office 365 EAR documentation. These apply to military products. As we share in our article No, You Probably Don't Need an Export License, But, if your item has an ECCN classification, the CCL will also list the reason for control such as national security (NS), anti-terrorism (AT) or crime control (CC). The BIS has provided guidance that cloud service providers (CSP) aren't exporters of customers data due to the customers use of cloud services. Any technology or data delivered to a foreign country, or even a foreign national physically located in the U.S., is considered an export and subject to security and export regulation. 2022 Shipping Solutions All Rights Reserved. 734.7 Published. New exporters are sometimes surprised that U.S. exporting is controlled by more than one set of regulations and more than one primary regulator. The Export Administration Regulations ( EAR) are a set of regulations found at 15 C.F.R. These regulations are overseen by the Department of Commerce and enforced by the Bureau of Industry and Security (BIS) to protect national security and support United States foreign policy. Follow Shipping Solutions. Azure Key Vault is designed, deployed, and operated such that Microsoft and its agents don't see or extract your cryptographic keys. The . There are many U.S. export administration regulations, of which EAR regulations are just one type. Export Administration Regulations is required for every business that ships technology or goods from the country. EAR is largely a legal document that defines the type of products and data that can be lawfully exported. Department of Homeland SecurityCustoms and Border Protection (CBP), Department of Energys National Nuclear Security Administration, Department of the InteriorU.S. 1400 Corporate Center CurveSuite #130Eagan, MN 55121Phone: 651-905-1727Fax: 651-905-1827Toll Free: 888-890-7447. Encryption items that are NOT subject to the EAR (publicly available)2. Commodities controlled by certain agencies and the US government. How does it do that? This part provides the rules you need to use to determine whether items and activities are subject to the EAR. The mission of the BIS is to advance U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. The Export Administration Regulations (EAR) govern the export and re-export of some commodities, software and technology. ITAR Registration vs. (also E.A.R. The EAR is applicable to dual-use items that have both commercial and military applications, and to items with purely commercial application. The details of this act are found primarily within the International Traffic in Arms Regulations (ITAR). It does so by ensuring treaty compliance with regard to exports through export control, promoting effective strategic technology leadership for the U.S. They are administered by the Bureau of Industry and Security, which is part of the US Commerce Department. Administered by the US Department of State, ITAR imposes controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items also known as defense articles including related technical data documented on the Unites States Munitions List (USML). An ECP provides a clear plan of how to audit your company's procedures and processes, so you can identify and address any potential violations before they surface. Explanation on EAR's Commerce Control List (CCL) and Export Control Classification Numbers (ECCN). The Key Vault service can store encryption keys in FIPS 140 validated hardware security modules (HSMs) under your control, also known as customer-managed keys (CMK). ACTION: Proposed rule. Bureau of Industry and Security is supervised by US Commerce Department. Again, the right trade content technology can help enable compliance. 730 et seq. 734.5 Activities of U.S. and foreign persons subject to the EAR. These specific items subjected to export control laws under the EAR are clubbed under the Commerce Control List (CCL). 734.8 "Technology" or "software" that arises during, or results from, fundamental research. Furthermore, you can find the "Troubleshooting Login Issues" section which can answer your . We detail the entire process of creating an ECP in our white paper How to Create and Implement an Export Compliance Program (ECP). These files are broken down by specific exporting categories and products in the United States. Export Administration Regulations (EAR) The release of publicly available strong encryption software under the EAR is tightly regulated. The U.S. Census Bureau's Foreign Trade Division (FTD) provides tactical information to the BIS and U.S. Customs and Border Protection to help with the oversight roles of these agencies. hbspt.cta._relativeUrls=true;hbspt.cta.load(361415, '329d417b-0477-45a9-a442-19429edf1c2b', {"useNewLoader":"true","region":"na1"}); When you know how to properly prepare your export paperwork, your goods will ship on time, youll get paid more quickly, and youll stay compliant with export and import regulations. Compliance with U.S. The detailed listings of technical parameters in the CCL establish precise, objective criteria. Therefore, please consult relevant FDA and DEA regulations for guidance related to the item you wish to export and do not rely solely on the EAR . Although most products to not require a license, non-compliance can have substantial negative impacts on a business. Key Length iii. Exports are the movement of goods outside the country of origin, both physical items and data. But dont stop when youve determined that the goods are not on the Commerce Control List. An EAR99 is a type of classification. OFAC sanctions include the Specially Designated Nationals List and the Consolidated Sanctions List. The Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Foreign Trade Division of the U.S. Census Bureau. Once an items classification has been determined, exporters can use a chart in the EAR to decide if a license is needed to export to a particular country. The EAR are organized in a structured and logical manner. Export Administration Regulations is abbreviated as EAR. Key Length iii. The CCL is divided into ten categories: Businesses use this information to determine whether they need to apply for a special export license. Much of which is derived from multilaterally adopted lists.Visiting the CBP or BIS websites is not adequate to demonstrate reasonable care. These regulations contain details about the Automated Export System (AES) reporting requirements and exemptions. Foreign Import/Export License Requirements Hong Kong Singapore United Arab Emirates Encryption and Export Administration Regulations (EAR) 1. In addition, the EAR implement anti-boycott . For more information, see Exporting Microsoft Products where you can find exporting information under Product Lookup. The International Traffic in Arms Regulations or ITAR, which is administered by the State Department. Once youve determined that your item needs a license, and that it falls under jurisdiction of Commerce Department, you can go to the BIS SNAP-R website and begin the process of registrationmore on that process here. The EAR applies when exporting something from the USA to another country or re-exporting the thing from one foreign country to another foreign country. hbspt.cta._relativeUrls=true;hbspt.cta.load(361415, '8b9a8c66-ce70-4426-bc3a-21e505a088e4', {"useNewLoader":"true","region":"na1"}); The U.S. State Departments Directorate of Defense Trade Controls (DDTC) regulates the export of defense articles under the Arms Export Control Act (AECA). They are administered by the Bureau of Industry and Security, which is part of the US Commerce Department. ETA Estimated Time of Arrival. The EAR are very detailed and contain lengthy technical descriptions. The U.S. Department of the Treasurys OFAC enforces trade and economic sanctions per U.S. foreign policy, executing national security goals concerning specific foreign countries and the Specially Designated Nationals List. Exports and . The EAR control the export of dual-use goods and goods that are not controlled by other regulations. Keeping up with shifting controls can be complicated. Azure services rely on FIPS 140 validated cryptographic modules in the underlying operating system, and provide you with many options for encrypting data in transit and at rest, including encryption key management using Azure Key Vault. The Export Administration Regulations (EAR) are comprised of a set of regulations in Title I5 of the Code of Federal Regulations. Each agency has its standards and restrictions. The BIS regulates the export and reexport of most commercial . Companies use these reasons to help them determine if they need to apply for an export license based on the countries to which they are exporting. EAR - Export Administration Regulations EAR - Estimated Average Requirement EAR - Effective Annual Rate EAR - Expired Air Resuscitation EAR - Estimated Additional Resources 298 other EAR meanings images Abbreviation in images EAR means Export Administration Regulation EAR is an acronym for Export Administration Regulation However, some EAR99 items may still require a license or further due diligence on behalf of the shipper. Export Administration Regulations (EAR) are issued in accordance with laws governing certain exports, re-exports, and related activities.3 The Office of Foreign Assets Control (OFAC) Regulations, which enforce economic and trade sanctions against certain foreign countries and individuals that pose a threat to the United States,4 as well as the International Traffic in Arms Regulations (ITAR . Use cryptography for data confidentiality; and. (a) The EAR requires that export information be filed for shipments from U.S. These apply to commercial products that have some use in the . "Subject to the EAR" is a term used in the Export Administration Regulations ( 15 CFR parts 730 through 774) (EAR) to describe those items and activities over which BIS exercises regulatory jurisdiction under the EAR. Technology or commodities produced with the US origin technology or software located outside USA. How does Azure Key Vault protect your keys? Under the EAR, when data is uploaded to a cloud service, the customer who owns the data not the cloud services provider is considered to be the exporter who has the responsibility to ensure that transfers, storage, and access to that data or software complies with the EAR. EAR is not applicable to commodities regulated by US National Regulatory Commission (NRC). The EAR applies to the following categories: The Export Administration Regulation (EAR) is not applicable to the following: Global Business, International Law & Relations, Managerial & Financial Accounting & Reporting, Government, Legal System, Administrative Law, & Constitutional Law, Business Entities, Corporate Governance & Ownership, Business Transactions, Antitrust, & Securities Law, Real Estate, Personal, & Intellectual Property, Commercial Law: Contract, Payments, Security Interests, & Bankruptcy, Operations, Project, & Supply Chain Management, Management, Leadership, & Organizational Behavior, Research, Quantitative Analysis, & Decision Science, Investments, Trading, and Financial Markets, Business Finance, Personal Finance, and Valuation Principles. The DDTC oversees the export of defense articles and technology per the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR). The Export Administration Regulations (EAR) issued by the U.S. Department of Commerce, BIS, contain additional reporting requirements pertaining to EEI (see 15 CFR parts 730-774). On October 7, 2022, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) simultaneously published a final rule strengthening the antiboycott regulations in Part 766 of the Export Administration Regulations (EAR) (the "Final Rule"), as well as a memorandum on the new rule's implementation (the "Final Rule Memo"), issued by the Assistant Secretary The first step to ensuring product shipment falls within the EAR trade compliance guidelines is checking it against the Commerce Control List (CCL). Depending on the type of goods being sent, its destination, uses, and other factors, exporters may be subject to certain regulations in order to legally export their goods. What are Export Administration Regulations? In response to the Russian Federation's (Russia's) further invasion of Ukraine, with this final rule, the Department of Commerce is adding new Russia license requirements and licensing policies to the Export Administration Regulations (EAR) to protect U.S. national security and foreign policy interests. What should I do to comply with export control laws when using Azure? However, the only sure way to know is to check the Commerce Control List (CCL) in the EAR. Access to the official Export Administration Regulations can also be obtained on this site. About Export Administration Regulations (EAR) Related Topics The U.S. Department of Commerce - Bureau of Industry and Security (BIS) is responsible for implementing and enforcing the Code of Federal Regulations Title 15 chapter VII, subchapter C, also known as Export Administration Regulations (EAR). Find out how by downloading this free guide. Microsoft doesn't inspect, approve, or monitor your Azure applications. BIS is responsible for implementing and enforcing the EAR, which regulate the export, reexport, and transfer (in-country) of items with commercial uses that can also be used in conventional arms, weapons of mass destruction, terrorist activities, or human rights abuses, and less sensitive military items. Therefore, items that are subject to the EAR include purely civilian items, items with both civil and military application, items with terrorism or potential WMD-related applications, and items that are exclusively used for military purposes but are not controlled under the International Traffic in Arms Regulations (ITAR). 734.9 Foreign-Direct Product (FDP) Rules. For that reason, you, as the owner of the data, must carefully assess how your use of the Microsoft cloud may implicate US export controls and determine whether any of the data you want to use or store there may be subject to EAR controls, and if so, what controls apply. Contact us today to learn more about our services. Its aim is to ensure national security by incorporating commercial and research aims. You can review the ITAR here. Apply for license (if needed) You can learn about the product classification process in our article Export Codes: ECCN vs. HS, HTS and Schedule B. hbspt.cta._relativeUrls=true;hbspt.cta.load(361415, 'f98f2df1-3a01-4129-8e6c-a0f3740a5ace', {"useNewLoader":"true","region":"na1"}); The EAR govern the export and reexport of items for reasons of national security, nonproliferation, foreign policy and short supply. The EAR control the export of dual-use goods and goods that are not controlled by other regulations. THE EAR PROCESS - IF EAR APPLIES, WHAT NEXT?. You can read the FTR here. hbspt.cta._relativeUrls=true;hbspt.cta.load(361415, 'b68a92f8-4ff8-4baf-8194-e72214cc0608', {"useNewLoader":"true","region":"na1"}); Join the 33,143 other exporters and importers who get the latest news, tips and insights from international trade professionals. As noted, ITAR is administered by the DDTC and EAR is administered by the BIS at the DoC. If a product has a specific ECCN, the EAR will also list one or more reasons why it is controlled. Most of the products, services, and technologies that fall within the scope of the Export Administration Regulations (EAR) are not specifically controlled for export, and are given the classification of EAR99. Submit a classification request. 5A002.a (and 5D002 c.1) i. Cryptography for Data Confidentiality ii. EAR regulations consider an item an export even if its being returned to another country or is only leaving the U.S. temporarily. Azure Government provides an extra layer of protection to customers through contractual commitments regarding storage of customer data in the United States and limiting potential access to systems processing customer data to screened US persons.