An Overview of the Export Administration Regulations

The Export Administration Regulations—or EAR—are the U.S. regulations that govern the export and re-export of most goods and technology worldwide for national security and foreign policy reasons.

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One thing that often surprises new exporters is that export control in the U.S. involves several agencies. Let’s highlight the main players:

1. Bureau of Industry and Security (BIS)
BIS, under the Department of Commerce, administers the EAR, overseeing the export of dual-use items that have both civilian and military applications.
2. Directorate of Defense Trade Controls (DDTC)
Part of the U.S. State Department, DDTC regulates defense articles under the International Traffic in Arms Regulations, which includes military equipment and weaponry. If your product falls under ITAR, you'll need a license to export.
3. Office of Foreign Assets Control (OFAC)
This Treasury Department agency enforces economic sanctions against specific countries and entities. If your export activities involve sanctioned parties, OFAC’s regulations apply.

There are other agencies too:
The Department of Justice (DOJ)
The U.S. Department of Agriculture (USDA)
The Security and Exchange Commission (SEC)
U.S. Customs and Border Protection (CBP)
And others

But BIS, DDTC, and OFAC are the big three to keep on your radar.

The Export Administration Regulations, which are administered by the Bureau of Industry and Security, control exports to protect national security, prevent proliferation, and support U.S. foreign policy. Here’s what you need to know:

The EAR apply to U.S.-origin items as well as certain foreign-made goods with U.S. components.
Most items regulated under EAR don’t require an export license. But if an item is dual-use, you might need a license from BIS, depending on factors like the end-user, end-use, and destination country.

So, what’s a dual-use item? It’s any item that has both civilian and potential military or security applications. These items fall under the Commerce Control List and are classified using an ECCN—an Export Control Classification Number.

To figure out if your item has an ECCN, you’ll need to check the EAR and review the CCL. Don’t see your item there? It might be classified as EAR99—a designation for low-risk consumer goods that usually don’t require a license. But be careful! Even EAR99 items may need a license if they’re going to an embargoed country or restricted user or if they will be used for a prohibited end use.

Once you’ve classified your item, the EAR’s Commerce Country Chart helps you determine if a license is needed for specific destinations. If your item has an ECCN, check the “reasons for control” and compare them with the Commerce Country Chart. That’ll tell you if you need a license.

If a license is required, you can apply through BIS’s SNAP-R system. We explain this whole process in detail in our free guide, linked above, How to Determine if You Need an Export License.

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Chapters
00:00 Introduction
00:45 What Exactly Is an Export?
01:17 Key Agencies Behind Export Control
01:27 1. Bureau of Industry and Security (BIS)
01:40 2. Directorate of Defense Trade Controls (DDTC)
01:58 3. Office of Foreign Assets Control (OFAC)
02:14 Other U.S. Agencies
02:33 The EAR Basics
03:08 Identifying Dual-Use Items
03:54 Export Licensing Requirements
04:27 Building an Export Compliance Program (ECP)

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