---
title: "What steps should an exporter follow to determine EAR obligations? Answer in under 100 words. Cite only eCFR sources."
canonical: https://www.m-i-n-d.ai/minds/export-controls/steps-for-using-the-ear
jurisdiction: "US Federal"
last_verified: 2026-08-26
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# 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.

## Details / How it works

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

1. **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.
2. **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).
3. **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.
4. **License Exceptions:** Steps 20–24 check part 740 Exceptions to overcome a license requirement.
5. **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 · https://www.ecfr.gov/current/title-15/section-732.1 · as of 2026-08-26
- [2] U.S. National Archives, Electronic Code of Federal Regulations — 15 CFR 736.2 — General prohibitions · https://www.ecfr.gov/current/title-15/section-736.2 · as of 2026-08-26