Which items are subject to the Export Administration Regulations? Answer in under 100 words. Cite only eCFR sources.

Details / How it works

Scope of coverage (§ 734.3(a)):

• All items in the United States, including in a U.S. Foreign Trade Zone (FTZ) or moving in-transit through the United States;
• All U.S.-origin items wherever located;
• Foreign-made commodities incorporating controlled U.S.-origin commodities, foreign-made commodities bundled with controlled U.S.-origin software, and foreign-made software or technology commingled with controlled U.S.-origin software or technology — governed by the de minimis rules of § 734.4;
• Certain foreign-produced "direct products" of specified U.S. technology and software (foreign-direct product rules, § 734.9), including certain foreign-manufactured items developed or produced from U.S.-origin encryption items exported under License Exception ENC (§ 740.17);
• Certain foreign-produced products of a complete plant, or any major component of a plant, that are direct products of specified U.S. technology or software.

Items subject to the EAR consist of items listed on the Commerce Control List, and unlisted items subject to the EAR are designated EAR99 (§ 734.3(c)).

Numbers & thresholds

Exceptions & edge cases

• Other-agency controls (§ 734.3(b)(1)): Items exclusively controlled by the Department of State (ITAR/USML), Treasury/OFAC (31 CFR chapter V), the NRC (10 CFR part 110), DOE (10 CFR part 810), or the PTO (37 CFR part 5) are not subject to the EAR; nor are items sold, leased, or loaned by DoD to a foreign country under the Foreign Military Sales Program per an LOA.
• Informational exclusions (§ 734.3(b)(2)–(3)): Printed publications, prerecorded phonograph records reproducing their content, published information, fundamental research results, catalog course instruction, patents/open patent applications (absent a secrecy order), non-proprietary system descriptions, and certain telemetry data.
• Encryption nuance: A printed book setting forth encryption source code is not itself subject to the EAR, but the same source code in electronic form or media (e.g., diskette, CD-ROM) remains subject (§ 734.17). Publicly available encryption object code classified under ECCN 5D002 is excluded when the corresponding source code meets § 742.15(b).
• BIS commodity classification determinations and advisory opinions may not be relied upon as determinations that items are subject to the EAR (§ 748.3).