Export Administration Regulations (EAR)

The Export Administration Regulations are the United States administrative export-control code at 15 CFR Parts 730 to 774. Administered principally by the Commerce Department's Bureau of Industry and Security, they regulate defined exports, reexports, transfers (in-country) and related conduct involving items subject to the EAR. The code is broader than dual-use goods, but it does not govern every item, person or transaction worldwide.

Scope and classification

Part 734 defines which commodities, software and technology are subject to the EAR. The category includes many United States-origin items wherever located, specified foreign-made items containing controlled United States content above rule-specific de minimis thresholds, and foreign-made items captured by a stated foreign direct product rule. Sections 734.3, 734.4 and 734.9 must be read with exclusions, definitions and the particular product, destination, end-use and end-user rule.

Items on the Commerce Control List receive an Export Control Classification Number. The classification identifies technical parameters and reasons for control; the Commerce Country Chart in Part 738 then helps determine destination-based licence requirements. Licence exceptions in Part 740 apply only when all conditions are met.

EAR99 is not an exemption. It describes an item subject to the EAR that is not listed on the Commerce Control List. Such an item may still require a licence or be prohibited because of destination, end use, end user, sanctions-related rules or a general prohibition.

Rule-specific reach

De minimis analysis is not one universal percentage. Depending on the rule, thresholds can be zero, 10 or 25 per cent, with exclusions and special treatment for particular content and destinations. Foreign direct product rules likewise differ. Section 734.9 contains several tests tied to particular technology or software, products, destinations and entities. A foreign-made item is not controlled merely because United States technology appears somewhere in its production chain.

Part 736 sets General Prohibitions. Parts 742, 744 and 746 add controls based on national security, proliferation, end use, end user, embargo and other grounds. Entity List status is therefore one overlay, not a complete statement of licensing obligations.

A deemed export occurs when controlled technology or source code is released to a foreign person in the United States under the applicable definitions and nationality rules. Section 734.13 and related provisions contain exclusions and details. Employment of a foreign national is not by itself proof that a controlled release occurred.

Authority and operation

The modern system descends from the Export Administration Act of 1979 and later emergency-authority practice. The Export Control Reform Act of 2018 now supplies central permanent statutory authority, while Part 730 identifies additional legal authorities relevant to particular controls. The metadata date records regulatory lineage, not a claim that today's amended code was enacted once and left unchanged.

The EAR's strategic value comes from licensing, denial, conditions, disclosure and enforcement across internationally distributed supply chains. Firms outside the United States may face obligations when a defined item or activity is within rule-specific reach. They are not subject merely because they trade internationally. Complexity can produce over-compliance, design-out and allied disputes, while proponents value the system's ability to target technical chokepoints without a complete trade embargo.

This entry is a navigation map, not legal advice. The electronic Code of Federal Regulations displayed Title 15 as current through 27 July 2026 when checked on 29 July 2026. The sources below freeze that point-in-time text rather than linking only to a moving current version. Every operational conclusion requires the current text, classification, transaction facts and any applicable order or licence.

See also

Economic statecraft · Export Control Reform Act (2018) · Commerce Control List · Entity List (15 CFR Part 744) · Foreign Direct Product Rule · Deemed-export controls · Re-export and transshipment controls

Sources

1. Electronic Code of Federal Regulations, 15 CFR Part 730, point-in-time text current through 27 July 2026, checked 29 July 2026.
2. Electronic Code of Federal Regulations, sections 734.3, 734.4, 734.9 and 734.13, point-in-time text current through 27 July 2026, checked 29 July 2026.
3. Electronic Code of Federal Regulations, 15 CFR Part 736, Part 738 and Part 740, point-in-time text current through 27 July 2026, checked 29 July 2026.
4. Electronic Code of Federal Regulations, 15 CFR Part 742, Part 744 and Part 746, point-in-time text current through 27 July 2026, checked 29 July 2026.
5. Electronic Code of Federal Regulations, 15 CFR Part 748, Part 772 and Part 774, point-in-time text current through 27 July 2026, checked 29 July 2026.
6. United States Code, Export Control Reform Act of 2018, 50 USC Chapter 58, checked 29 July 2026.