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Export Administration Regulations (EAR)

Export Administration Regulations (EAR)

The Export Administration Regulations (EAR) are regulations issued by the Bureau of Industry and Security. Bureau of Industry and Security is supervised by US Commerce Department. The EAR applies when exporting something from the USA to another country or re-exporting the thing from one foreign country to another foreign country. The Export Administration Regulations (EAR) defines re-export as the export of commodities from first foreign country to another foreign country and then subsequent export to other countries.

EAR Application

The EAR applies to the following categories:

  • All commodities trading in United States and commodities that transit through United States.
  • All US-made item located anywhere in the world.
  • All foreign-made commodities that are produced with US origin
  • Technology or commodities produced with the US origin technology or software located outside USA.

Exceptions to EAR Application

The Export Administration Regulation (EAR) is not applicable to the following:

  • Commodities controlled by certain agencies and the US government. Export and re-export commodities for national security of foreign policy are exempted from EAR.
  • Treasury Department and OFAC controled and regulated embargo transactions with certain countries.
  • EAR is not applicable to commodities regulated by US National Regulatory Commission (NRC). NRC regulates the export and re-export of commodities related to nuclear assets.
  • Commodities regulated by Department of Energy are exempted from EAR. DOE controls the export and re-export items related to special nuclear assets.
  • Military assets that are regulated by Department of Defense and Department of State Foreign Military Sales are not subject to EAR. The sales, lease or any loan made by DOD and FMS are not subject to EAR but rather they are subject to regulations of Arms Export Control Act

References for Export Administration Regulations

Academic Research on Export Administration Regulations

  • ●      The PARC code: theory and usage, Cooper, G. K. (1987).  (No. AEDC-TR-87-24). ARNOLD ENGINEERING DEVELOPMENT CENTER ARNOLD AFB TN. This paper analyses the concept and usefulness of the PARC code. It goes on to show the different varieties of this code, and how they contribute to its performance.
  • ●      Department of Commerce, NIST, U. (2002). Secure Hash Standard,” US Federal Information Processing Standard (FIPS), 180-2. The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. This paper studies these five entities put in place by the US Government.
  • ●      Transnational models for regulation of nanotechnology, Marchant, G. E., & Sylvester, D. J. (2006). The Journal of Law, Medicine & Ethics34(4), 714-725. This paper explores both the potential risks posed by nanotechnology and potential regulatory frameworks that law may impose. It further examines the various rationales for international regulation including the potential for cross-boundary harms, sharing of regulatory expertise and resources, controlling protectionism and trade conflicts, avoiding a “race to the bottom” in which governments seek economic advantage through lax regulation, and limiting the “nano divide” between North and South. Finally, we examine some models for international regulation and offer tentative thoughts on the prospects for each.
  • ●      Innovative control effectors (ICE), Dorsett, K. M., & Mehl, D. R. (1996).  (No. FZM-8394). LOCKHEED MARTIN TACTICAL AIRCRAFT SYSTEMS FORT WORTH TX. This report describes a joint U.S. Air Force – U.S. Navy sponsored investigation of innovative aerodynamic control concepts for fighter aircraft without vertical tails. Land-based and carrier-based configurations were analyzed to determine the flying qualities, performance, and aircraft-level integration impacts of the innovative controls.
  • ●      The export administration act: Evolution, provisions, and debate, Fergusson, I. F. (2009, July).
  • ●      Low Emissions RQL Flametube combustor component test results, Holdeman, J. D., & Chang, C. T. (2001). This report describes and summarizes elements of the High Speed Research (HSR) Low Emissions Rich burn/Quick mix/Lean burn (RQL) flame tube combustor test program. This test program was performed at NASA Glenn Research Center circa 1992. The objectives of the tests in this paper were to investigate component performance of the RQL combustor concept for use in the evolution of ultra-low NOx combustor design tools.
  • ●      Regulation of Internet Encryption Technologies: Separating the Wheat from the Chaff, Saunders, K. M. (1998). J. Marshall J. Computer & Info. L.17, 945. This paper explores the regulations set up by the federal government on encryption technology, due to the belief that this technology, if not regulated might be used by terrorists and criminals for nefarious activities. The main objective of this paper is to investigate the different regulations set up by the United States federal government and debate their validity.
  • ●      Strength analysis of laminated and metallic plates bolted together by many fasteners, Ramkumar, R. L., Saether, E. S., & Appa, K. (1986).  (No. NOR-86-210). NORTHROP CORP HAWTHORNE CA AIRCRAFT DIV. This report presents a strength analysis for laminated and/or metallic plates bolted together by many fasteners. This analysis has been programmed and designated as the SAMCJ (Strength Analysis of Multi-fastened Composite Joints) computer code. This paper goes on to show the impact and uses of the SAMCJ code in this field.
  • ●      … and small business research and education in Space technologies under ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations …, Straub, J., & Vacek, J. J. (2013). J. Space L.39, 351. This paper shows the impact of recent ITAR changes to the U.S. software industry and software education.
  • ●      The Restructuring of National Security Controls under the 1985 Amendments to the Export Administration Act: Multilateral Diplomacy and the Extraterritorial …, Feldman, M. B. (1985). Stan. J. Int’l L.21, 235.
  • ●      Global distributions: The effect of export controls, Kluber, B. C. (2000). Hous. J. Int’l L.23, 429.

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