Throughout the EAR you will find information on offices you can contact for various purposes and types of information. General information including assistance in understanding the EAR, information on how to obtain forms, electronic services, publications, and information on training programs offered by BIS, is available from the Office of Exporter Services at the following locations:
U.S. Department of Commerce
Bureau of Industry and Security
BIS Homepage
Exporter Counselling Division
U.S. Department of Commerce
14th and Pennsylvania Avenue, N.W., Room H1099D
Washington, D.C., 20230
Telephone number: (202) 482-4811
Facsimile number: (202) 482-3617
Western Regional Office
U.S. Department of Commerce
3300 Irvine Avenue, Suite 345
Newport Beach, California 92660
Telephone number: (949) 660-0144
Facsimile number: (949) 660-9347
-and-
U.S. Department of Commerce
Bureau of Industry and Security
101 Park Center Plaza, Suite 1001
San Jose, CA 95113
Telephone number: (408) 998-7402
Facsimile number: (408) 998-7470
- How are the EAR organized?
- The Export Administration Regulations (EAR) are structured in a logical
manner. In dealing with the EAR you may find it helpful to be aware of the
overall organization of these regulations. In order to determine what the
rules are and what you need to do, review the titles and the introductory
sections of the parts of the EAR.
- How do you go about determining your obligations under the EAR?
- Part 732 of the EAR provides steps you may follow to determine your obligations
under the EAR. You will find guidance to enable you to tell whether or not
your transaction is subject to the EAR and, if it is, whether it qualifies
for a License Exception or must be authorized through issuance of a license.
- Are your items or activities subject to the EAR at all?
- Part 734 of the EAR defines the items and activities that are subject
to the EAR. Note that the definition of "items subject to the EAR" includes,
but is not limited to, items listed on the Commerce Control List in part
774 of the EAR.
- If subject to the EAR, what do the EAR require?
- Part 736 of the EAR lists all the prohibitions that are contained in the
EAR. Note that certain prohibitions (General Prohibitions One through Three)
apply to items as indicated on the CCL, and others (General Prohibitions
Four through Ten) prohibit certain activities and apply to all items subject
to the EAR unless otherwise indicated.
- Do you need a license for your item or activity? What policies will
BIS apply if you do need to submit license application?
- The EAR have four principal ways of describing license requirements:
- The EAR may require a license to a country if your item is listed
on the CCL and the Country Chart in part 738 of the EAR tells that a
license is required to that country. Virtually all Export Control Classification
Numbers (ECCN) on the CCL are covered by the Country Chart in part 738
of the EAR. That part identifies the limited number of entries that
are not included on the Chart. These ECCNs will state the specific countries
that require a license or refer you to a self-contained section, i.e.,
Short Supply in part 754 of the EAR, or Embargoes in part 746 of the
EAR. If a license is required, you should consult part 740 of the EAR
which describes the License Exception that may be available for items
on the CCL. Part 742 of the EAR describes the licensing policies that
BIS will apply in reviewing an application you file. Note that part
754 of the EAR on short supply controls and part 746 on embargoes are
self-contained parts that include the available exceptions and licensing
policy.
- A license requirement may be based on the end-use or end-user in
a transaction, primarily for proliferation reasons. Part 744 of the
EAR describes such requirements and relevant licensing policies and
includes both restrictions on items and restrictions on the activities
of U.S. persons.
- A license is required for virtually all exports to embargoed destinations,
such as Cuba. Part 746 of the EAR describes all the licensing requirements,
license review policies and License Exceptions that apply to such destinations.
If your transaction involves one of these countries, you should first
look at this part. This part also describes controls that may be maintained
under the EAR to implement UN sanctions.
- In addition, under §736.2(b)(9) and (10) of the EAR, you may
not engage in a transaction knowing a violation is about to occur or
violate any orders, terms, and conditions under the EAR. Part 764 of
the EAR describes prohibited transactions with a person denied export
privileges or activity that violates the terms or conditions of a denial
order.
- How do you file a license application and what will happen to the application
once you do file it? What if you need authorization for multiple transactions?
- Parts 748 and 750 of the EAR provide information on license submission
and processing. Part 752 of the EAR provides for a Special Comprehensive
License that authorizes multiple transactions. If your application is denied,
part 756 of the EAR provides rules for filing appeals.
- How do you clear shipments with the U.S. Customs Service?
- Part 758 of the EAR describes the requirements for clearance of exports.
- Where do you find the rules on restrictive trade practices and boycotts?
- Part 760 of the EAR deals with restrictive trade practices and boycotts.
- Where are the rules on recordkeeping and enforcement?
- Part 762 of the EAR sets out your recordkeeping requirements, and parts
764 and 766 of the EAR deal with violations and enforcement proceedings.
- What is the effect of foreign availability?
- Part 768 of the EAR provides rules for determining foreign availability
of items subject to controls.
- Do the EAR provide definitions and interpretations?
- Part 770 of the EAR contains interpretations and part 772 of the EAR lists
definitions used.
- Why the EAR are so detailed?
- Some people will find the great length of the EAR and their extensive
use of technical terms intimidating. BIS believes, however, that such detail
and precision can and does serve the interests of the public. The detailed
listing of technical parameters in the CCL establishes precise, objective,
criteria. This should, in most cases, enable you to ascertain the appropriate
control status. Broader, more subjective criteria would leave exporters
and reexporters more dependent upon interpretations and rulings by BIS officials.
Moreover, much of the detail in the CCL is derived from multilaterally adopted
lists, and the specificity serves to enhance the uniformity and effectiveness
of international control practices and to promote a "level playing field".
The detailed presentation of such elements as licensing and export clearance
procedures enables you to find in one place what you need to know to comply
with pertinent requirements. Of special importance is the detailed listing
of License Exception criteria, as these will enable you to determine quickly,
and with confidence, that you may proceed with a transaction without delay.
Finally, some of the detail results from the need to draft the EAR with
care in order to avoid loop-holes and to permit effective enforcement.
- How do I obtain a classification of my item or get advise about my
export?
- In light of your responsibility to classify your item, you may ask BIS
to provide you with the correct Export Control Classification Number (ECCN)
to the paragraph (or subparagraph if appropriate). BIS will advise you whether
or not your item is subject to the EAR and, if applicable, the appropriate
ECCN. This type of request is commonly referred to as a "Classification
Request". If requested, for a given end-use, end-user, and/or destination,
BIS will advise you whether a license is required, or likely to be granted,
for a particular transaction. Note that these responses do not bind BIS
to issuing a license in the future. This type of request, along with requests
for guidance regarding other interpretations of the EAR are commonly referred
to as "Advisory Opinions".
- Classification requests
- You must submit your Classification Request using Form BIS-748P or its
electronic equivalent. See the instructions contained in Supplement No.
1 to part 748 to complete the Blocks identified for this type of request.
Classification Requests must be sent to BIS at one of the addresses listed
above or submitted electronically. Be certain that your request is complete
and does not omit any essential information.
- Each Classification Request must be limited to 5 items. Exceptions may
be granted by BIS on a case-by-case basis for several related items if the
relationship between the items is satisfactorily substantiated in the request.
Classification requests must be supported by any descriptive literature,
brochures, precise technical specifications or papers that describe the
items in sufficient technical detail to enable classification by BIS.
- You must complete Blocks 1 through 5, 14, 22(b)(c)(d) and (i) (enter your
recommended classification information in these blocks), 24 and 25 on the
application when submitting a Classification request. If you are requesting
BIS to classify an item for which precise specifications are identified
in §748.8, these specifications must be addressed in, or attached to,
your application.
- Classification requests for a one-time Department of Commerce review of
encryption software transferred from the U.S. Munitions List consistent
with E.O. 13026 of November 15, 1996 (61 FR 58767) and pursuant to the Presidential
Memorandum of that date are required prior to export to determine eligibility
for release from EI controls. Refer to Supplement No. 6 to part 742 for
instructions on submitting such requests for mass market encryption software.
For requests for Key Escrow, Key Recovery, or Recovery encryption products,
include the word "Encryption" in Block 24: Additional Information.
- Advisory Opinions
- Advisory Opinions must be submitted in writing to the address listed
above or e-mailed via this web page. Both your letter and envelope must
be marked "Advisory Opinion".
- Your letter must contain the following information if you are requesting
guidance regarding interpretations of the EAR:
- The name, title, and telephone and facsimile numbers of the person
to contact;
- Your complete address comprised of street address, city, state, country,
and postal code;
and
- If you are requesting BIS to determine whether a license is required,
or the licensing policy related to a particular end-use, end-user, and/or
destination, in addition to the information required above you must also
include:
- All available information on the parties to the transaction and the
proposed end-use or end-user;
- The model number for each item, where appropriate;
- The Export Control Classification Number, if known, for each item;
and
- Any descriptive literature, brochures, technical specifications or
papers that describe the items in sufficient technical detail to enable
BIS to verify the correct classification.
Last updated: August 29, 2007
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