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Overview of United States Export Laws

Government Departments and Agencies

For national security and foreign policy reasons, the U.S. maintains comprehensive controls and sanctions on the export and re-export of U.S.-origin goods and technology to certain countries. Numerous federal agencies administer various laws governing exports controls, depending on the nature of goods to be exported and the country of ultimate destination. Each administering agency maintains its own regulations. The following table summarizes the primary federal agencies that govern the export and re-export of products from the United States and related transactions subject to U.S. jurisdiction.

AgencyRegulationGovernance
贰虫辫辞谤迟&苍产蝉辫;础诲尘颈苍颈蝉迟谤补迟颈辞苍&苍产蝉辫;搁别驳耻濒补迟颈辞苍蝉&苍产蝉辫;(鈥淓础搁鈥)Export of commercial and dual-use goods, software, and technology, including hardware and software containing certain encryption algorithms. Also controls certain defense-related items such as military aircraft and parts and components with other military uses as well as commercial space related

Administers and enforces the 
International Traffic and Arms 
搁别驳耻濒补迟颈辞苍蝉&苍产蝉辫;(鈥泪罢础搁鈥)		Export of defense articles, defense services and ITAR controlled technical data.
 Administers and enforces country-specific economic and trade sanctions that often include restrictions on most or all transactions with and exports to targeted countries and persons.
U.S. Census BureauForeign Trade DivisionResponsible for maintaining and implementing the Foreign Trade Regulations (15 CFR Part 30) that govern the preparation and 
submission of Electronic Export Information (鈥淓EI鈥) submitted prior to most exports from the United States. The Census Bureau shares this export data with BIS, OFAC, DDTC, U.S. Customs and Border 
Protection and other regulatory and law enforcement agencies.
U.S. Customs and Border Protection (鈥淐BP鈥) CBP officers at various U.S. ports oversee a wide variety of export-related activities and have the authority to inspect, detain and seize 
export shipments if they are not in compliance with the laws and regulations issued by BIS, DDTC and OFAC

Both the Treasury and Commerce Departments administer and enforce the U.S. Anti-boycott laws and regulations, which are designed principally to counteract Arab country boycotts of Israel and Israeli goods.

Depending on the nature of the products or information being exported, other federal agencies involved in export control-related issues include:

  • Drug Enforcement Agency (鈥淒EA鈥)
  • Environmental Protection Agency (鈥淓PA鈥)
  • Department of Energy
  • Nuclear Regulatory Commission
  • Patent and Trademark Office
  • Food and Drug Administration (鈥淔DA鈥)
  • Maritime Administration
  • Agriculture Department
  • Fish and Wildlife Service B.

What Is an Export?

For purposes of U.S. export control laws, the term 鈥渆xport鈥 covers a broad range of activities that include the 鈥渆xport鈥 of products, software, services, or information. In general, an export occurs when there is any transfer to any non-U.S. person, either within or outside of the U.S., of controlled commodities, technology, or software, by physical, electronic, oral, or visual means, with the knowledge or intent that the items will be shipped, transferred, or transmitted outside of the U.S. Under U.S. export laws, OHIO is considered an 鈥渆xporter鈥 when the following events or transactions occur:

  • Sending or carrying items out of the U.S.
    • For example, shipping a part or sample by U.S. mail, via an express courier (such as FedEx or), using a freight forwarder to handle a shipment out of the U.S. or carrying an item in carry-on luggage.
  • Transferring export controlled technical data or disclosing technology to a non-U.S. citizen in the U.S.
  • Disclosing export-controlled technology (including oral or visual disclosure) or transferring controlled technical data, to a non-U.S. person, whether in the United States or abroad
    • Such disclosures can occur with virtually any exchange of information 鈥 including telephone conversations, technical proposals, e-mails, text messages, and other electronic communications, the sharing of computer databases, briefings, or training sessions
    • Under the EAR, this type of disclosure to a non-U.S. person is commonly referred to as a "deemed export.鈥 (see section 734.2(b)(2) of the EAR).
  • Providing a Defense Service
    • Section 120.9 of the International Traffic in Arms Regulations (ITAR) states that the "furnishing of assistance (including training) to foreign persons, whether in the United States or abroad, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles" is a 鈥淒efense Service.鈥
  • Re-Export of items or information
    • A re-export occurs when an item or information is transferred to a foreign person who then 鈥渞e-exports鈥 the item or information to another country. Note: U.S. regulations apply to the exported item/information wherever it is located, unless the item has been incorporated into a non-U.S. product that contains less than a specified level of U.S. controlled content (de minimis level).

Examples of how the OHIO community exports
  • Shipping equipment or material (samples, biological materials, etc.) to a foreign country
  • Collaborating with foreign colleagues on campus or abroad
  • Providing foreign nationals access to export-controlled information or equipment
  • Including export-controlled technology in RFPs and proposals that are sent to foreign nationals
  • Working with a foreign country/foreign national subject to a U.S. embargo (i.e., Cuba, Iran, North Korea, North Sudan, or Syria)
  • Presenting export-controlled information at a conference
  • Traveling with a laptop or other mobile computing device overseas

Key Export Regulations

The International Traffic in Arms Regulations (鈥淚TAR鈥)

The International Traffic in Arms Regulations (鈥淚TAR鈥), 22 C.F.R. 搂搂 120-130, governs the export and re-export of defense articles, defense services, and related technical data from the United States to any foreign destination, or to any foreign person, regardless of whether they are in the United States or abroad.

Items Controlled Under ITAR

ITAR controls defense articles, technical data, and defense services.

  • Defense Articles. Defense articles include any item that is listed on the United States Munitions List (鈥淯SML鈥) (see Appendix A) or otherwise determined subject to the jurisdiction of the ITAR. In addition to hardware, defense articles also include models, mockups, or other items that reveal technical data relating to items designated in the USML.
    • It is important to note that under DDTC's "see through rule" if an end item contains any components that are controlled under the ITAR, the entire item is controlled under the ITAR. For example, if an instrument contains a focal plane array which is subject to the ITAR, then the entire instrument would be considered subject to the ITAR.
  • Technical data refers to any information for the design, development, assembly, production, operation, repair, testing, maintenance, or modification of a defense article. Technical Data may include drawings or assembly instructions, operations and maintenance manuals, and email or telephone exchanges where such information is discussed.
    • Technical Data does not include general scientific, mathematical, or engineering principles commonly taught in schools, information present in the public domain, general system descriptions, or basic marketing information on function or purpose.
  • Defense Service. Defense service means providing assistance, including training, to a foreign person in the United States or abroad in the design, manufacture, repair, or operation of a defense article, as well as providing Technical Data to foreign persons. Defense services also include informal collaboration, conversations, or interchanges concerning Technical Data.

The Export Administration Regulations (鈥淓AR鈥)

The Department of Commerce Bureau of Industry and Security (鈥淏IS鈥) regulates and enforces the export of commercial products and technology that are subject to the Export Administration Regulations (鈥淓AR鈥). Articles, information, and software that are not subject to ITAR control are subject to the jurisdiction of the EAR. Unlike the ITAR, however, the EAR does not control services.

Items Controlled Under the EAR

Generally, all items of U.S. origin, or that are physically located in the United States, are subject to the EAR. The EAR also restrict s the re-export of U.S. origin goods, software, and technology as well as direct exports from the United States. Foreign manufactured goods are generally exempt from the EAR re-export requirements if they contain less than a specified percentage of U.S. controlled content by value (鈥渄e Minimis level鈥).

Technology Controlled Under the EAR

The EAR controls apply to exports and re-exports of U.S.-origin technology and technical data. Under the EAR, the term 鈥渢echnology,鈥 which can take the form of either technical data or technical assistance, is broadly defined to include 鈥渟pecific information necessary for the 鈥榙evelopment鈥, 鈥榩roduction鈥, or 鈥榰se鈥 of a product.鈥 鈥淭echnical data鈥 includes 鈥渂lueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.鈥 For purposes of the national security controls, 鈥渢echnology鈥 is generally controlled if it is related to the development, production, or use of items that are themselves subject to a license requirement.

The Commerce Control List (鈥淐CL鈥)

Within the EAR is a large list of export-controlled commodities, technology, and software known as the Commerce Control List ("CCL"). The CCL includes not only a list of items and related technology that are controlled multilaterally for national security, nuclear nonproliferation, chemical and biological weapons, and missile technology reasons, but also a host of items and related technology that are controlled unilaterally by the U.S. for foreign policy, nonproliferation, anti-terrorism, or short supply reasons. Every item that is controlled under the EAR has an Export Control Classification Number (鈥淓CCN鈥). An ECCN is an alphanumeric code, such as 3A001, which describes the item and indicates licensing requirements. If an item is not listed on the CCL, it is designated as EAR99. EAR99 items generally consist of lowtechnology consumer goods and do not require a license in most situations. 

As a result of the Administration's Export Control Reform efforts, the ITAR and USML, as well as the EAR are being frequently updated. It is important to always check the latest version of the USML and ITAR or Bureau of Industry Security websites.