What are export control regulations?
Export control regulations are federal laws that govern how technology, technical data, technical assistance, and items or materials are physically or electronically exported, shipped, transmitted, transferred, or shared from the US to foreign countries, persons, or entities. The regulations prohibit the unlicensed export of certain commodities ...
What is an export controlled or licensed product?
An export controlled or licensed product is one that is subject to control by the UK government’s Export Control Organisation (ECO) and therefore requires an export licence to bring them in and out of the UK. Export licences are needed for importing and exporting of military and paramilitary goods, dual-use and technology, works of art ...
What does export controlled mean?
What are export controls? They are the laws and regulations applied globally, regionally and by countries to manage the export of certain items like technology, chemicals or military goods. The trading of these items could pose a threat to national or international security. The controls also exist for the protection of trade.
How to export a policy?
To Export The Policy for Nessus > 8.x
- From the main Nessus console select Scans at the top and then select Policies on the left.
- If you need to create a new one, go ahead and create the policy that suits your needs.
- If you already have created a policy that you want to share, check the box next to the policy name.
- You will now see a ‘more’ drop down menu in the top right corner.
What items are subject to the Export Administration Regulations?
The Export Administration Regulations - EARNuclear Materials, Facilities and Equipment, and Miscellaneous.Materials, Chemicals, Microorganisms, and Toxins.Materials Processing.Electronics.Computers.Telecommunications and Information Security.Lasers and Sensors.Navigation and Avionics.More items...
What is U.S. Export Administration Regulations?
The EAR regulates export and export restrictions: whether a person may export something from the U.S.; re-export something from a foreign country; or transfer something from one person to another in a foreign country.
What is the purpose of export controls?
Export controls are U.S. laws and regulations that regulate and restrict the release of critical technologies, information, and services to foreign nationals, within and outside of the United States, and foreign countries for reasons of foreign policy and national security.
What is covered by export control regulations?
Export control regulations are federal laws that govern how technology, technical data, technical assistance, and items or materials are physically or electronically exported, shipped, transmitted, transferred, or shared from the US to foreign countries, persons, or entities.
Why is export compliance important?
Export controls regulate technologies, technical data and information that are taken to other countries by U.S. travelers or imparted to foreign nationals working in the U.S. These controls are intended to protect U.S. economic interests and foreign policy goals, as well as to prevent the acquisition of technologies, ...
What is the difference between EAR and ITAR?
Regulated Items: ITAR covers all defense articles and services, while EAR covers commercial and dual-use items and technologies. Where Regulated Items are Listed: You can find ITAR-covered items on the United States Munitions List (USML), while EAR items are listed on Commercial Control List (CCL).
What are three types of export control?
The three major lists of export-controlled items are the Commerce Control List (CCL), the United States Munitions List (USML), and the Nuclear Regulatory Commission Controls (NRCC).
Who is responsible for export compliance?
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) administers U.S. laws, regulations and policies governing the export and reexport of commodities, software, and technology (collectively “items”) falling under the jurisdiction of the Export Administration Regulations (EAR).
What are the consequences of non compliance with export regulations?
Civil penalties for export and trade sanctions violations can range up to $65,000 and $250,000 for civil violations depending on the authorizing legislation. Criminal penalties for individuals can be up to $1,000,000 and 20 years of imprisonment.
When did Export Administration Regulations start?
1979The 1979 EAA directed the Secretary of Commerce (Secretary) to create a control list, known in the Export Administration Regulations as the Commerce Control List). The CCL includes items controlled for national security, foreign policy, and short-supply purposes.
Who does the EAR apply to?
The EAR applies to exports of commodities, software and technical data (items) from the US to foreign countries and to reexports from one foreign country to another.
Who do U.S. export control and embargo laws apply to?
Simply put, the EAR apply to almost every person involved in an export transaction from start to finish — not just the original seller. Indeed, Section 758.3 of the EAR specifically states: “All parties that participate in transactions subject to the EAR must comply with the EAR.”
What items are not subject to the EAR?
(b) The following are not subject to the EAR: (1) Items that are exclusively controlled for export or reexport by the following departments and agencies of the U.S. Government which regulate exports or reexports for national security or foreign policy purposes: (i) Department of State.
What is export administration regulation?
An explanation of the Export Administration Regulations and the Bureau of Industry and Security and its role in export licensing and determining if a product is subject to Export Administration Regulations (EAR). Explanation on EAR's Commerce Control List (CCL) and Export Control Classification Numbers (ECCN).
What is EMCP in export management?
To ensure compliance with the EAR and manage export-related decisions and transactions, you can establish an Export Management and Compliance Program (EMCP). An EMCP lets you analyze pieces of information and individual decisions, and then build them into an organized, integrated system.
Which agency controls exports related to advancing nuclear nonproliferation in addition to ensuring the integrity and safety of?
Department of Homeland Security—Customs and Border Protection (CBP) Department of Energy’s National Nuclear Security Administration, which controls exports related to advancing nuclear nonproliferation in addition to ensuring the integrity and safety of the nation’s nuclear weapons.
What Is an Export?
An export is any movement of items outside the country. That includes items sent by regular mail or hand-carried on an airplane; documents transmitted by fax; software or specifications downloaded from the internet; and technology transmitted by email or shared in a phone conversation.
What can exporters use EAR chart for?
Once an item’s classification has been determined, exporters can use a chart in the EAR to decide if a license is needed to export to a particular country.
What is the AECA?
The U.S. State Department’s Directorate of Defense Trade Controls (DDTC) regulates the export of defense articles under the Arms Export Control Act (AECA). The details of this act are found primarily within the International Traffic in Arms Regulations (ITAR). Goods regulated by the ITAR are detailed within the munitions list and are subject to an export licensing requirement by the State Department. Logically this list includes weaponry and military equipment.
What is the purpose of FTR?
They allow for the collection of statistical trade data, and also provide the tactical information required by the Bureau of Industry and Security and Customs and Border Patrol to perform their export oversight roles. The FTR are primarily concerned with the reporting of an export shipment.
How to know if a product requires an export license?
The first step for deciding whether or not a product requires an export license is to check the EAR. Most commercial items don’t have an ECCN. However, the only sure way to know is to check the Commerce Control List (CCL) in the EAR.
Do you need an export license to export goods?
Once you know the regulatory agencies that exist, you need to know which one has control over your goods. While the majority of goods exported from the United States don’t require an export license, those that do require some extra work.
What is the US Department of State's export control?
The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. Administered by the US Department of State, they impose controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items (also known as 'defense articles”), including related technical data.
What is an export?
According to the BIS, export refers to the transfer of protected technology or technical data to a foreign destination or its release to a foreign person in the United States (also referred to as a deemed export ). The EAR broadly governs: 1 Exports from the United States. 2 Re-exports or retransfers of US-origin items and certain foreign-origin items with more than a de minimis portion of US-origin content. 3 Transfers or disclosures to persons from other countries.
Why is encryption important in the EAR?
The use of encryption also helps protect against a potential deemed export (or deemed re-export) under the EAR, because even if a non-US person has access to encrypted data, nothing is revealed if they cannot read or understand the data while it is encrypted; thus there is no 'release” of controlled data.
Who is the exporter of data?
BIS guidance holds that, when data or software is uploaded to the cloud or transferred between user nodes, the customer, not the cloud provider, is the 'exporter” who has the responsibility to ensure that transfers of, storage of, and access to that data or software complies with the EAR.
Is Microsoft an exporter of customer data?
The US Commerce Department, which enforces the EAR, has taken the position that customers, not cloud service providers such as Microsoft, are considered to be exporters of their own customer data. While most customer data is not considered 'technology” or 'technical data” subject to EAR export controls, Microsoft in-scope cloud services are structured to help customers manage and significantly mitigate the potential export control risks they face. Microsoft generally, but not exclusively, recommends the use of its government cloud services for eligible customers. With appropriate planning, customers can use the following tools and their own internal procedures to help ensure full compliance with US export controls.
What is AES in export?
Federal law requires exporters to use the Automated Export System (AES) to report shipments valued at $2,500+ or if it requires an export license.
What is EAR in business?
The Export Administration Regulations (EAR) govern the export and re-export of some commodities, software and technology.
What are exports controlled in the name of nonproliferation of chemical and biological weapons?
Exports controlled in the name of nonproliferation of chemical and biological weapons may include certain laboratory equipment, pathogen samples, precursor chemicals used to manufacture chemical warfare agents, and technology used in processing such chemicals.
What is considered in an export evaluation?
This evaluation considers not only the identity of the product being exported but the contextual environment as well, including the effectiveness of the export control policy in the country of destination, the reliability of the parties to the transaction, and whether or not the stated end-use seems suspicious.
Why are RS controls enforced?
RS controls are enforced in support of U.S. foreign policy to maintain regional stability in the regions to which U.S. exports are destined. RS controls primarily affect exports of advanced technology and spacecraft. EAR Part 742.6 explains that beyond just CCL items that list RS on the country chart, additional RS controls may apply to certain thermal imaging cameras, emerging technologies (technologies that are not yet included in the CCL and are temporarily designated by ECCN 0Y521), and certain spacecraft and related items. There are also special controls on exports to Hong Kong or Iraq.
What is significant item control?
The Significant Items controls regulate exports of technology for the development, production or overhaul of commercial aircraft engines, components and systems. A license is required for all exports of ECCNs containing SI as a reason for control except when destined for Canada.
Why is encryption used?
According to the EAR, “Encryption items can be used to maintain the secrecy of information and thereby may be used by persons abroad to harm U.S. national security, foreign policy, and law enforcement interests .”
What is export license exception?
License exceptions are specific criteria that, if met, enable an exporter to ship without a license even when one or more reasons for control apply to their export. Just like reasons for control, license exceptions are codified in the EAR.
Is Iran under an embargo?
The Secretary of State has designated these as countries whose governments have repeatedly provided support for international acts of terrorism. Exports and certain re-exports to Iran are subject to a comprehensive embargo administered by the Department of Treasury’s Office of Foreign Assets Control (OFAC).
What Is An Export?
Regulatory Agencies That Control Exports
- New exporters are sometimes surprised that U.S. exporting is controlled by more than one set of regulations and more than one primary regulator. There are many regulatory agencies, all with differing regulations, to be aware of:
An Overview of The Ear
- The EAR govern the export and reexport of items for reasons of national security, nonproliferation, foreign policy and short supply. A relatively small percentage of exports and reexports requires submission of a license to the BIS. Licensing depends on a product's technical characteristics, the destination country, the end user and a product's end use. You can access the EAR here. Once …
Using An ECP to Help with Export Compliance
- According to BIS, “An Export Compliance Program (ECP) analyzes pieces of information and individual decisions and builds them into an organized, integrated system. It is a program that can be established to manage export-related decisions and transactions to ensure compliance with the [Export Administration Regulations] EAR.” Most exporters never p...
Where to Find Assistance with Export Regulations
- Submit a classification request. You can submit a commodity classification request through the Simplified Network Application Process - Redesign (SNAP-R)online.
- Request a commodity jurisdictionfor your license application from the state department.
- Go to the U.S. International Trade Administration websiteto get the location of the closest Export Assistance Center or Commercial Service office near you.
- Submit a classification request. You can submit a commodity classification request through the Simplified Network Application Process - Redesign (SNAP-R)online.
- Request a commodity jurisdictionfor your license application from the state department.
- Go to the U.S. International Trade Administration websiteto get the location of the closest Export Assistance Center or Commercial Service office near you.
- Use Shipping Solutions export software to help you with your compliance efforts. The software includes an Export Compliance Module to help you determine if your products require an export license a...
