Definition · Plain-language
Export Administration Regulations (EAR)
The Export Administration Regulations (EAR) are the US rules, codified at 15 CFR Parts 730–774 and administered by the Bureau of Industry and Security, that control the export and re-export of commercial and "dual-use" items.
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What the EAR governs
The EAR set out the licensing framework for exporting items "subject to the EAR" — a defined category covering most US-origin commercial goods, software and technology, plus certain foreign-made items with US content. The regulations determine when a licence is required by looking at four factors: what the item is (its classification), where it is going, who will receive it and what end use is involved. The Bureau of Industry and Security (BIS), part of the Department of Commerce, writes and enforces the rules.
Structure of 15 CFR 730–774
The EAR are organised by part. Early parts (730–732) provide an overview and steps for determining obligations; Part 734 defines scope, including the fundamental research and published-information carve-outs; Part 736 lists the general prohibitions; Part 740 contains the licence exceptions; Part 744 covers end-use and end-user controls, including the Entity List. The Commerce Control List itself sits in Part 774. Together these parts let an exporter work from "is my item covered?" to "do I need a licence?"
The EAR in the research setting
Most university activity that touches export controls falls under the EAR rather than ITAR, because academic items are typically commercial or dual-use. The EAR explicitly exclude information arising from fundamental research and information already published or in the public domain, which shelters much open scholarship. Exposure remains where controlled software, encryption, proprietary technical data or shipments to restricted destinations are involved, and where controlled technology is released to foreign persons (a deemed export).
Key facts
At a glance
- Definition: US dual-use export-control regulations at 15 CFR 730–774
- Administered by: Bureau of Industry and Security (BIS), Dept of Commerce
- Controls: dual-use goods, software and technology
- Core list: the Commerce Control List (EAR Part 774)
- Licence test: item classification, destination, end user, end use
- Research carve-outs: fundamental research and published information (Part 734)
Common misconceptions
What people often get wrong
Often heard: The EAR and ITAR are administered by the same agency.
Actually: The EAR are administered by the Bureau of Industry and Security at the Department of Commerce; the ITAR are administered by the Directorate of Defense Trade Controls at the Department of State. They are separate regimes with separate lists.
Often heard: Only weapons and military items are controlled under the EAR.
Actually: The EAR control "dual-use" items — goods, software and technology with both civilian and potential military or proliferation applications. Defence articles purpose-built for military use generally fall under the ITAR instead.
Often heard: If an item is not on the Commerce Control List it is automatically free of the EAR.
Actually: Items not described by a specific entry may be designated EAR99, which is still "subject to the EAR." EAR99 items usually need no licence to most destinations, but can still require one based on destination, end user or end use.
Going deeper
