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Agencies and Regulations

Export Administration Regulations (EAR)

International Traffic in Arms Regulations (ITAR)

Office of Foreign Assets Control (OFAC)

Export Administration Regulations (EAR)

The EAR is administered by the U.S. Department of Commerce, Bureau of Industry and Security and is defined at 15 CFR Chapter VII, Subchapter C, Parts 730-774. The EAR implements by Presidential order under other law the Export Administration Act, 50 USC 2401-2420, which Act on occasion has been allowed to expire.The EAR generally controls exports and other activities that relate to items on the Commerce Control List, though this list is very broad, it includes a catchall category designated EAR99 that covers everything not expressly listed elsewhere. Technologies controlled by the EAR often are referred to as "dual use," indicating that they are not specifically developed or manufactured for military use and might be useful for either military or non-military (civilian) applications. The EAR also applies to some items that have solely civilian use.

International Traffic in Arms Regulations (ITAR)

ITAR is administered by the U.S. Department of State, Office of Defense Trade Controls and is defined at 22 CFR Parts 120-130, implementing the Arms Export Control Act, 22 USC 2778. The United States Munitions List (USML) is at the heart of ITAR. ITAR only controls exports and services that relate to items on the USML or other items specifically designed or produced for defense applications. The items and services generally are for military applications and are referred to as "defense articles" and "defense services." Spacecraft systems and associated equipment are also on the USML (Category XV), even though they might be for civilian use only and are not developed or used for defense applications.

Office of Foreign Assets Control (OFAC)

The OFAC in the U.S. Department of the Treasury administers the foreign asset control regulations, which are defined at 31 CFR Parts 500-598. The mission of the OFAC is to administer and enforce economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. The regulations administered by OFAC include controls with regard to specific individuals, specific organizations and certain countries.

Among the activities controlled by OFAC are those related to editing papers submitted by foreign nationals for publication in journals. The Institute for Electrical and Electronic Engineers has made available at its web site some history and documents, including an OFAC opinion, regarding this issue.

NOTE: Some items might be covered by more than one regulation and agency. For example, when one is considering a specific export activity that is controlled under the EAR or ITAR, one also should check to make sure that the intended recipient is not on the list of Specially Designated Nationals and Blocked Persons at the OFAC web site. It is also possible that a given technology is controlled by more than one regulation. In addition, some military articles might be covered only by the EAR and not ITAR, such as certain military transport vehicles.

ITAR is administered by the Office of Defense Trade Controls in the U.S. Department of State, and is defined at 22 CFR Parts 120-130, implementing the Arms Export Control Act, 22 USC 2778. The United States Munitions List (USML) is at the heart of ITAR. ITAR only controls exports and services that relate to items on the USML or other items specifically designed or produced for defense applications. The items and services generally are for military applications and are referred to as "defense articles" and "defense services. " Spacecraft systems and associated equipment are also on the USML (Category XV), even though they might be for civilian use only and are not developed or used for defense applications.

The EAR is administered by the Bureau of Industry and Security in the U.S. Department of Commerce and is defined at 15 CFR Chapter VII, Subchapter C, Parts 730-774. The EAR implements by Presidential order under other law the Export Administration Act, 50 USC 2401-2420, which Act on occasion has been allowed to expire. The EAR generally controls exports and other activities that relate to items on the Commerce Control List (CCL). The CCL, though, is very broad; it includes a catchall category designated EAR99 that covers everything not expressly listed elsewhere. Technologies controlled by the EAR often are referred to as "dual use," indicating that they are not specifically developed or manufactured for military use and might be useful for either military or non-military (civilian) applications. The EAR also applies to some items that have solely civilian use.

The Office of Foreign Assets Control (OFAC) in the U.S. Department of the Treasury administers the foreign asset control regulations, which are defined at 31 CFR Parts 500-598. According to OFAC, its mission is to administer and enforce economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. The regulations administered by OFAC include controls with regard to specific individuals, specific organizations and certain countries.

Among the activities controlled by OFAC are those related to editing papers submitted by foreign nationals for publication in journals. The Institute for Electrical and Electronic Engineers (IEEE) has made available at its web site some history and documents, including an OFAC opinion, regarding this issue. Some items might be covered by more than one regulation and agency. For example, when one is considering a specific export activity that is controlled under the EAR or ITAR, one also should check to make sure that the intended recipient is not on the list of Specially Designated Nationals and Blocked Persons at the OFAC web site. It is also possible that a given technology is controlled by more than one regulation. In addition, some military articles might be covered only by the EAR and not ITAR, such as certain military transport vehicles.


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