Determine what is subject to the EAR
Before determining license requirements, it is important to confirm which U.S. Government department or agency has jurisdiction over the item that you are planning to export, export, or transfer (in-country).
The Bureau of Industry and Security (BIS) administers the Export Administration Regulations (EAR), 15 CFR parts 730-774, which govern the export, reexport, and transfer (in-country) of items “subject to the EAR.” If an item — meaning “commodities, software, and technology” — is “subject to the EAR,” it is not subject to the exclusive jurisdiction of another U.S. Government agency.
Section 734.3 (a) of the EAR provides detailed information on items subject to the EAR. Additionally, Section 734.3 (b) specifies those items that are not subject to the EAR and that are instead subject to the exclusive export or reexport jurisdiction of another U.S. Government agency or department.
Other U.S. Government departments and agencies with export control responsibilities
Below is a list of the primary U.S. Government departments and agencies with export control responsibilities. A list of additional relevant U.S. Government departments and agencies is provided in supplement no. 3 to part 730 of the EAR.
- Department of State, Directorate of Defense Trade Controls (DDTC) has jurisdiction over defense articles and all defense services.
- Department of the Treasury, Office of Foreign Assets Control (OFAC) implements broad controls on services of U.S. persons, including financial institutions, and implements embargoes on certain foreign countries. It also maintains the list of Specially Designated Nationals and Blocked Persons (SDN List).
- Department of Energy has jurisdiction over the export and reexport of technology related to the production of special nuclear materials.
- Nuclear Regulatory Commission has jurisdiction over nuclear materials and equipment.