Minds → Import/Export Controls → What steps should an exporter follow to determine EAR obligations? Answer in under 100 words. Cite only eCFR sources.

US Federal

What steps should an exporter follow to determine EAR obligations? Answer in under 100 words. Cite only eCFR sources.

Under 15 CFR § 732.1, an exporter first determines whether its item or activity is subject to the EAR under part 734, then reviews the ten general prohibitions in part 736. It next classifies the item on the Commerce Control List (part 774) and uses the Country Chart (supplement no. 1 to part 738) to check whether a license is required. If so, the exporter checks License Exceptions in part 740, and if none applies, files a license application under part 748. Finally, Steps 27–29 require filing Shipper's Export Declarations with the U.S. Customs Service, adding Destination Control Statements, and keeping records.

Last verified: 2026-08-26 · Sources checked: 2/2 resolving · Next scheduled review: 2026-11-24

Details / How it works

Section 732.1 lays out logical steps (§§ 732.2 through 732.5) summarized as follows:

Scope check: Determine whether your commodity, software, or technology is subject to the EAR (part 734); only Steps 1–2 are relevant for exports from the United States.
General prohibitions: Consider the ten general prohibitions in part 736 — from General Prohibition One (exports/reexports of controlled items to listed countries) through Ten (proceeding with knowledge that a violation has occurred or is about to occur).
License determination: Steps 7–11 use the Commerce Control List (part 774) plus the Country Chart (supp. no. 1 to part 738) to see if a license is required; Steps 12–18 address activities-based prohibitions Four through Ten.
License Exceptions: Steps 20–24 check part 740 Exceptions to overcome a license requirement.
Application & filings: If no Exception is available, apply under part 748; then complete Steps 26/27–29 covering Shipper's Export Declarations, Destination Control Statements, and recordkeeping.

Numbers & thresholds

Step element	EAR reference
Scope of the EAR	Part 734
Ten general prohibitions	Part 736
Country Chart	Supp. no. 1 to part 738
License Exceptions	Part 740
End-use/end-user restrictions	Part 744
License applications	Part 748
Embargoed destinations	Part 746
Commerce Control List	Part 774

Five facts drive the analysis: classification, destination, end user, end use, and supporting conduct.

Exceptions & edge cases

For exports destined to Cuba, Iran, North Korea, or Syria, exporters may skip Steps 7–11 (CCL/Country Chart analysis) and go directly to Step 12.
Generally, License Exceptions are not available to overcome General Prohibitions Four through Ten; however, selected Exceptions for embargoed destinations appear in part 746 and short supply Exceptions in part 754.
If no general prohibition applies, skip the License Exception steps and proceed straight to Steps 27–29 (declarations, Destination Control Statements, records).
The five controlling facts are: what the item is, where it is going, who will receive it, what they will do with it, and what else they do.

Sources

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

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