The Export Administration Regulations (EAR) is an enhanced version of 15 CFR chapter VII, subchapter C. The enhancements add tables of contents, indexes, the Legal Authority, a forms section, and a bulletin (Federal Register notice) section to make it easier to comply with the regulations in the CFR. Changes to the CFR are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) in the Federal Register under laws relating to the control of certain exports, reexports, and activities. In addition, the CFR implements antiboycott law provisions requiring regulations to prohibit specified conduct by United States persons that has the effect of furthering or supporting boycotts fostered or imposed by a country against a country friendly to United States.
The export control provisions of the CFR are intended to serve the national security, foreign policy, nonproliferation, and short supply interests of the United States and, in some cases, to carry out its international obligations. Some controls are designed to restrict access to dual use items by countries or persons that might apply such items to uses inimical to U.S. interests. These include controls designed to stem the proliferation of weapons of mass destruction and controls designed to limit the military and terrorism support capability of certain countries. The effectiveness of many of the controls under the CFR is enhanced by their being maintained as part of multilateral control arrangements. Multilateral export control cooperation is sought through arrangements such as the the Wassenaar Arrangement, Nuclear Suppliers Group, the Australia Group, and the Missile Technology Control Regime. The CFR also includes some export controls to protect the United States from the adverse impact of the unrestricted export of commodities in short supply. See also: History of Export Controls.
Some people will find the great length of the CFR 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 CFR with care in order to avoid loop-holes and to permit effective enforcement.
Last updated: January 20, 2011