Minds → Import/Export Controls → What are the general prohibitions under the EAR? Answer in under 100 words. Cite only eCFR sources.

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What are the general prohibitions under the EAR? Answer in under 100 words. Cite only eCFR sources.

The Export Administration Regulations contain ten general prohibitions codified at 15 CFR § 736.2, originally adopted March 25, 1996. They are: (1) export/reexport of controlled items to listed countries; (2) reexport of foreign-made items with more than a de minimis amount of controlled U.S. content; (3) foreign-direct product reexports; (4) denial-order actions; (5) prohibited end-uses or end-users; (6) embargoed destinations; (7) U.S. person support of proliferation activities and certain military-intelligence end uses; (8) in-transit shipments; (9) violating orders, terms, or conditions; and (10) proceeding knowing a violation has occurred or is about to occur.

Last verified: 2026-08-26 · Sources checked: 3/3 resolving · Next scheduled review: 2026-11-24

Details / How it works

§ 736.2(a) explains that five types of facts determine your obligations under the ten general prohibitions: (1) classification of the item, (2) destination, (3) end user, (4) end use, and (5) conduct. Classification is determined by the Commerce Control List (part 774) or, for Russia and Belarus license requirements, by the description of items in supplements no. 2, 4, or 6 to part 746. Conduct includes contracting, financing, and freight forwarding in support of a proliferation project or a 'military-intelligence end use' or 'military-intelligence end user' described in part 744.

License Exceptions in part 740 apply only to General Prohibitions One, Two, and Three; however, selected License Exceptions are specifically referenced and authorized in part 746 (embargo destinations), § 744.2(c) (nuclear end-uses), and § 744.11 and supplement no. 4 to part 744 (Entity List). Each License Exception described in part 740 supersedes General Prohibitions One, Two, and Three if all terms and conditions are met — for General Prohibition Three, provided none of the restrictions of § 740.2 or § 744.11(a) apply. Items subject to the EAR include foreign-made commodities incorporating controlled U.S.-origin content and certain foreign-produced 'direct products' described in § 734.9.

Numbers & thresholds

The ten general prohibitions, numbered in § 736.2(b), are:

#	General Prohibition	What it prohibits
1	Exports and Reexports	Export or reexport, without a license or License Exception, of an item controlled for a reason indicated in its ECCN where the destination requires a license per the Country Chart
2	U.S. Content Reexports	Reexport or export from abroad of foreign-made items incorporating more than a de minimis amount of controlled U.S. content (de minimis defined in § 734.4)
3	Foreign-Direct Product (FDP) rules	Export from abroad, reexport, or in-country transfer of foreign 'direct products' subject to license requirements in parts 736, 742, 744, 746, or 764
4	Denial Orders	Any action prohibited by a denial order issued under part 766 (Administrative Enforcement Proceedings)
5	End-Use / End-User	Knowing export, reexport, or in-country transfer of any item to an end user or end use prohibited by part 744
6	Embargo	Export, reexport, or in-country transfer to a country or region embargoed by the United States or controlled under part 746
7	U.S. Person Activities	U.S. person engagement in activities prohibited by § 744.6(b) or (c), including support of proliferation activities and certain military-intelligence end uses/end users
8	In-Transit	Export or reexport through, or transit through, listed countries without authorization
9	Orders, Terms, and Conditions	Violating terms or conditions of a license or License Exception, or any order issued under the EAR
10	Knowledge Violation to Occur	Selling, transferring, exporting, financing, or otherwise servicing items with knowledge that a violation has occurred, is about to occur, or is intended to occur

Exceptions & edge cases

Generally, License Exceptions are not available to overcome General Prohibitions Four through Ten; there are no License Exceptions in part 740 for General Prohibitions Four, Nine, or Ten. License Exceptions to General Prohibition Six are described in part 746; unless a license exception or other authorization is authorized in part 746, the part 740 License Exceptions are not available. BIS may, on an exceptional basis, authorize activity otherwise prohibited by a denial order (§ 764.3(a)(2)); denial orders are published in the Federal Register and are the legally controlling documents.

Scope notes: General Prohibition Seven's military-intelligence end-use/end-user restrictions apply in Belarus, Burma, the People's Republic of China, Russia, or Venezuela, or a country listed in Country Groups E:1 or E:2. General Prohibition Eight applies to transit through Armenia, Azerbaijan, Belarus, Cambodia, Cuba, Georgia, Kazakhstan, Kyrgyzstan, Laos, Mongolia, North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. Steps 12 through 18 of § 732.1 (General Prohibitions Four through Ten) apply to all items subject to the EAR, not merely items listed on the Commerce Control List; for Cuba, Iran, North Korea, and Syria, Steps 7 through 11 may be skipped and you may go directly to Step 12.

Sources

[1]U.S. National Archives, Electronic Code of Federal Regulations — 15 CFR 736.2 — General prohibitions · as of 2026-08-26
[2]U.S. National Archives, Electronic Code of Federal Regulations — 15 CFR 732.1 — Steps for using the EAR · as of 2026-08-26
[3]U.S. National Archives, Electronic Code of Federal Regulations — 15 CFR 734.3 — Items subject to the EAR · as of 2026-08-26

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