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The EAR stands for Export Administration Regulations.
True
The EAR covers only activities within the United States.
False
Patents are not addressed within the EAR regulations.
False
Transfer of access information is considered a reexport under the EAR.
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De minimis U.S. content is discussed in the EAR regulations.
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Fundamental research results could be considered 'Technology' under the EAR.
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Items and activities that are not subject to the EAR are influenced by these regulations.
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The Commerce Control List (CCL) is the only reference to determine if an item or activity is subject to the EAR.
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Publicly available technology and software are always subject to the EAR.
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Items and activities subject to the EAR are always exempted from other agencies' control programs.
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Every item or activity subject to the EAR automatically requires a license or another type of requirement.
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Part 760 of the EAR addresses Boycotts and Restrictive Trade Practices.
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Consulting part 772 of the EAR can provide definitions for key terms used in the regulations.
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Non-compliance with the EAR fulfills obligations imposed under foreign laws.
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Determining if an item or activity is subject to the EAR is a crucial step in understanding obligations under these regulations.
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The term 'subject to the EAR' only refers to items and not activities.
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All U.S. items, regardless of their location, are subject to the EAR.
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Foreign-made commodities that incorporate controlled U.S.-origin commodities are not subject to the EAR.
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Certain foreign-produced 'direct products' of specified 'technology' and 'software' are not subject to the EAR.
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All items in a U.S. Foreign Trade Zone are excluded from the EAR.
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Items controlled for export or reexport by the Department of State are subject to the EAR.
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The Treasury Department's Office of Foreign Assets Control (OFAC) regulations relate to defense articles and services on the U.S. Munitions List.
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The International Traffic in Arms Regulations (ITAR) is related to defense articles and services on the U.S. Munitions List.
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The Export Administration Regulations control the export of defense articles from the U.S.
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Items subject to EAR include foreign-made technology that is commingled with controlled U.S.-origin technology in any quantity.
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Foreign-produced 'direct products' of a complete plant are not subject to the EAR.
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The Department of Energy (DOE) controls the export and reexport of technology related to the production of special nuclear materials under 10 CFR part 810.
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Items that are sold, leased, or loaned by the Department of Defense under the FMS Program are subject to the Export Administration Act.
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Exposed and developed motion picture film and soundtrack are not subject to the Export Administration Regulations (EAR).
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Encryption source code in electronic form such as computer diskettes is not subject to the EAR.
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Information released by instruction in an academic institution's catalog course is not subject to the EAR.
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Non-proprietary system descriptions are subject to the EAR.
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Patent applications available from any patent office are subject to PTO regulations for export to foreign countries.
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Telemetry data as defined in Note 2 to Category 9 are not subject to the EAR.
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Items listed on the Commerce Control List (CCL) are not considered 'Items subject to the EAR.'
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Published encryption object code software classified under ECCN 5D002 is not subject to the Export Administration Regulations (EAR).
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Items classified under the ECCN 0Y521 series are not subject to the EAR.
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Commodity classification determinations by BIS can be relied upon as determinations that the items are subject to the EAR.
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Items subject to the EAR cannot be exported without proper authorization from the Department of State's Directorate of Defense Trade Controls.
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There is a de minimis level for U.S.-origin technology controlled by ECCN 9E003.a.1 through.a.8.
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Foreign-made items incorporating U.S.-origin 9x515 or '600 series' items destined for Country Group E:1 or E:2 must abide by a de minimis level.
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Certain exports from abroad by U.S.-owned entities are always allowed even if they do not meet de minimis provisions of the EAR.
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Items subject to temporary CCL controls are initially classified under ECCN 0Y521 series.
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Foreign-produced encryption technology incorporating U.S. origin encryption technology controlled by ECCN 5E002 is always subject to the EAR.
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There is no de minimis level for foreign-made 'military commodities' destined for a country listed in Country Group D:5.
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Foreign-made items that incorporate U.S.-origin 9x515 items destined for the People's Republic of China have a de minimis level.
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If prepublication review is conducted to ensure that publication would not compromise patent rights, the research results are not intended to be published.
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Once a decision is made to restrict or protect the release of technology or software contained in research results, it becomes subject to the Export Administration Regulations (EAR).
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Prepublication review can be conducted to ensure that publication does not inadvertently reveal proprietary information furnished by sponsors to researchers.
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Fundamental research results are always intended to be published without any restrictions or reviews according to the Export Administration Regulations (EAR).
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Items and activities that are not subject to the EAR are never influenced by these regulations in any way.
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Consulting part 772 of the EAR provides definitions for key terms used in the regulations, including the term 'subject to the EAR'.
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Published 'technology' or 'software' becomes subject to the EAR if it has been made available to the public without any restrictions.
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The Department of State is solely responsible for determining whether an item or activity is subject to the EAR.
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Posting encryption software on the internet makes it exempt from being subject to the EAR.
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BIS is the agency responsible for administering the Export Administration Regulations (EAR).
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Software for producing firearms made available on the internet in an electronic format is not subject to the EAR.
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'Technology' or 'software' resulting from fundamental research intended for publication is not subject to the EAR.
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The Department of State can provide a jurisdictional determination regarding a commodity, software, technology, or activity under the EAR.
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BIS provides assistance in determining licensing requirements under the EAR through §748.3 procedures.
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'Technology' or 'software' released for fundamental research is not subject to the EAR.
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'Software' for firearms production posted on the internet must be in AMF or Gcode format to be subject to the EAR.
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Foreign-made software incorporating controlled U.S.-origin software valued at 25% or less of the total value is eligible for the de minimis exclusion under the EAR.
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Bundled software means physically integrated software with the foreign-made item under the EAR regulations.
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The de minimis exclusion under the EAR only applies to software listed on the Commerce Control List (CCL) with a reason for control of anti-terrorism (AT).
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Reexports of foreign-made technology commingled with controlled U.S.-origin technology valued at 25% or less are subject to a one-time reporting requirement under the EAR.
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Calculations to determine de minimis provisions under the EAR are optional for individuals and entities.
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U.S.-origin technology and software commingled with foreign technology follow principles outlined in §770.3 of the EAR.
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Determining the percentage of U.S. content in foreign software or technology does not require documentation according to EAR recordkeeping requirements.
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U.S. persons engaging in activities related to chemical or biological weapons may not be subject to the EAR regulations.
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Activities prohibited by any order issued under the EAR are not covered under its regulations.
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To determine if an item is subject to ITAR, one should review the Commerce Control List according to EAR regulations.
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Encryption items classified under ECCNs 5A992.c or 5D992.c are subject to the EAR
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Non-U.S.-made items incorporating U.S.-origin items listed in a specific paragraph are not subject to the EAR if they meet certain requirements.
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For the de minimis exclusion rule, foreign-made software incorporating U.S.-origin software must be valued at 15% or less of the total value of the foreign-made software.
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The de minimis calculation procedures and reporting requirements can be found in Supplement No. 1 to part 740 of the EAR.
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Reexports of foreign-made technology commingled with controlled U.S.-origin technology are always subject to the EAR even if valued at 10% or less.
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Non-U.S.-made products incorporating U.S.-origin commodities listed under specific ECCNs must meet certain criteria to be authorized for License Exception ENC by BIS.
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U.S.-origin encryption items classified under ECCN 5E992.b are not subject to the EAR.
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The de minimis exclusion under paragraph (c)(1) applies to all types of software listed on the Commerce Control List (CCL).
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Non-U.S.-made products incorporating U.S.-origin items listed under ECCN 5A004 must have been publicly available encryption source code meeting specific criteria.
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Reexports of foreign-made commodities incorporating controlled U.S.-origin commodities are always subject to the EAR.
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Study Notes
Items Subject to the EAR
- The EAR (Export Administration Regulations) applies to all items in the United States, including those in a Foreign Trade Zone or in transit from one foreign country to another.
- The EAR also applies to U.S.-origin items, wherever located, and foreign-made items that incorporate controlled U.S.-origin commodities, software, or technology.
Items Not Subject to the EAR
- Items exclusively controlled for export or reexport by other U.S. government departments and agencies, such as the Department of State and the Department of the Treasury.
- Items subject to the International Traffic in Arms Regulations (ITAR) and the U.S. Munitions List.
De Minimis Rule
- There is no de minimis level for certain items, including:
- Foreign-made computers with an Adjusted Peak Performance (APP) exceeding listed levels, containing U.S.-origin controlled semiconductors.
- Foreign-produced encryption technology incorporating U.S.-origin encryption technology.
- U.S.-origin technology controlled by ECCN 9E003.a.1 through a.8, .h, .i, and .j.
- For other items, the de minimis level is:
- 10% or less of the total value of the foreign-made commodity or software, for reexports to any country.
- 25% or less of the total value of the foreign-made commodity or software, for reexports to countries other than those in Country Group E:1 or E:2.
Activities Subject to the EAR
- Specific activities of U.S. persons, wherever located, related to the proliferation of nuclear explosive devices, missiles, chemical or biological weapons, and certain military-intelligence end uses and end users.
- Activities of U.S. or foreign persons prohibited by any order issued under the EAR, including Denial Orders.
Assistance Available from BIS
- BIS provides advisory opinions and commodity classification determinations to help determine whether an item is subject to the EAR and licensing or other requirements.
- BIS also provides guidance on calculating values for the de minimis rule.### Introduction to Export Administration Regulations (EAR)
- The EAR describe the scope of regulations and explain key terms and principles used in the EAR.
- This part provides the rules to determine whether items and activities are subject to the EAR.
Subject to the EAR
- "Subject to the EAR" defines items and activities over which BIS exercises regulatory jurisdiction.
- Items and activities subject to the EAR may also be controlled under export-related programs administered by other agencies.
- Just because an item or activity is subject to the EAR does not mean that a license or other requirement automatically applies.
Items and Activities Not Subject to the EAR
- Publicly available technology and software not subject to the EAR are described in §§734.7, 734.8, 734.10, and supplement no. 1 to this part.
- Examples of items not subject to the EAR include:
- Prerecorded phonograph records, printed books, pamphlets, and miscellaneous publications.
- Information and software that are published, arise from fundamental research, or are released by instruction in a catalog course or associated teaching laboratory of an academic institution.
Patent and Trademark Office (PTO) Regulations
- Regulations administered by PTO provide for the export to a foreign country of unclassified technology in the form of a patent application or an amendment, modification, or supplement thereto or division thereof.
Department of Defense (DoD) and Department of State Foreign Military Sales (FMS) Program
- Items that are subject to the EAR that are sold, leased or loaned by the DoD to a foreign country or international organization under the FMS Program are not "subject to the EAR."
Published Information
- Unclassified "technology" or "software" is "published" and thus not subject to the EAR when it has been made available to the public without restrictions.
- Examples of published information include:
- Subscriptions available without restriction to any individual who desires to obtain or purchase the published information.
- Libraries or other public collections that are open and available to the public.
- Unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the interested public.
- Public dissemination in any form, including posting on the Internet.
- Submission of a written composition, manuscript, presentation, computer-readable dataset, formula, imagery, algorithms, or some other representation of knowledge with the intention that such information will be made publicly available.
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Description
Test your knowledge on the scope and regulations of the Export Administration Regulations (EAR). This quiz covers topics such as items subject to the EAR, U.S. content, licensing requirements, technology, patents, and more.
