The EAR regulations (15 CFR § 730-774) are administered and enforced by the U.S. Department of Commerce and govern the export of dual use technologies having both military and civilian applications. The technologies controlled under the EAR are listed in the Commerce Control List (CCL) (15CFR § 738, Supp.1). Unlike the broad Categories of technology controlled under the ITAR, the CCL defines EAR controlled technologies with detailed specifications and assigns to each an Export Control Classification Number (ECCN), which must then be compared to the Commerce Department’s Country Chart (15 CFR § 738, Supp. 1) to determine the controls applicable to a given country. In assessing the export control status of dual use technologies, faculty and staff should be mindful that the CCL controls a variety of technologies (such as lasers, optical lenses, biological agents and imaging devices) whose military application may not be immediately apparent.
The International Traffic in Arms Regulations (ITAR) (22 CFR § 120-130) are regulations administered and enforced by the U.S. Department of State that govern the export of defense articles, defense services, and related technical data of an inherently military nature. The United States Munitions List (USML) defines twenty-one broad Categories of technologies controlled under the ITAR(22 CFR § 121.1). In assessing the export control status of technologies potentially subject to the ITAR, faculty and staff should be mindful that the USML Categories define ITAR controlled technologies in broad enough terms to encompass virtually any technology designed, modified, configured, or adapted for military use (as well as certain sensitive technologies that are controlled without regard to their intended use).
The U.S. Department of the Treasury’s Office of Foreign Asset Control administers and enforces economic and trade sanctions against certain foreign countries, organizations, persons and regimes designated by Congress as threats to the national security, foreign policy or economy of the United States. A current list of nations subject to U.S. sanctions (along with regulatory guidance) is available at the OFAC website. Although U.S. sanctions vary by country, virtually all transactions with (and, in some cases, travel to) the comprehensively embargoed countries such as Cuba, Iran, North Korea, Sudan, and Syria are prohibited. In addition, the Department of the Treasury publishes lists of Specially Designated Nationals (SDN) with whom virtually all transactions are prohibited.