Export Regulations: EAR, ITAR, and FTR

by Practical Law Commercial Transactions with Melissa Proctor, Miller Proctor Law PLLC

A Practice Note providing guidance on the primary US regulations governing the export, reexport, and in-country transfer of goods, software, and technology. This Practice Note examines the complex landscape of US export controls, focusing on the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the Foreign Trade Regulations (FTR). It also discusses the roles of the key US agencies that administer these regulations, including the Bureau of Industry and Security (BIS), the Directorate of Defense Trade Controls (DDTC), and the Bureau of the Census, and briefly describes other agencies with export control responsibilities. This Practice Note explains how to make a commodity jurisdiction determination, classify items on the Commerce Control List (CCL) or the US Munitions List (USML), and assess licensing requirements. It also addresses compliance topics, including deemed exports, restricted party screening, and Automated Export System (AES) reporting requirements. Additionally, this Practice Note discusses the framework for voluntary self-disclosures of potential violations, which may mitigate civil and criminal penalties for violations.