Federal Regulations of Export Control
There are three primary sets of regulations governing the export, re-export, and deemed export of defense articles, defense services, and certain technologies and associated technical data. The table below provides an outline of the various federal agencies and departments that are involved in the development, implementation, and oversight of export control laws and regulations.
| Item |
Technologies with Military & Space Applications |
Items with Commercial & Military Applications |
Economic Sanctions & Embargo Programs |
Item |
|---|---|---|---|---|
| Legislation | Arms Export Control Act | Export Administration Act |
Trading With the Enemy Act
Int'l Emerg. Econ. Powers Act |
Legislation |
| US Department | Department of State | Department of Commerce | Department of Treasury | US Department |
| US Agency | Dir. of Defense Trade Controls | Bureau of Industry and Security | Office of Foreign Assets Control | US Agency |
| Agency's Regulation | Int'l Traffic in Arms Regulations | Export Admin. Regulations | Sanction & Embargo Programs | Agency's Regulation |
| Regulation's Subject | "Defense Articles" & "Defense Services" | “Dual-Use” Commodities | Trade & Financial Services | Regulation's Subject |
| Subject’s List | U.S. Munitions List | Commerce Control List | Specially Designated Nationals | Subject’s List |
The Department of Commerce’s Bureau of Industry and Security is responsible for the implementation and enforcement of the Export Administration Regulations (EAR). The EAR regulates the export, re-export, and deemed export of certain items, software, technologies, and information that are considered "dual-use" which are those having both military and commercial applications. The EAR's dual-use items, software, technologies, and related information are identified on the Commerce Control List (CCL).
EAR Code of Federal Regulations (15 C.F.R. §730 et seq.)
15 CFR 730 – General Information
15 CFR 736 – General Prohibitions
15 CFR 738 – Commerce Control List Overview and the Country Chart
15 CFR 740 – License Exceptions
15 CFR 746 – Embargoes and Other Special Controls
15 CFR 748 – Application Classification Advisory and License
15 CFR 758 – Export Clearance Requirements
15 CFR 762 – Recordkeeping
15 CFR 772 – Definitions of Terms
15 CFR 774 – The Commerce Control List
The Department of State’s Directorate of Defense Trade Controls is responsible for regulating defense articles, defense services, and related technical data as listed on the U.S. Munitions List (USML). These items and services are "specifically designed", developed, configured, or modified for military applications as defined in 22 CFR 120.41.
ITAR Code of Federal Regulations (22 C.F.R. §120 et seq.)
22 CFR 120 – Purpose and Definitions
22 CFR 121 – The United States Munitions List
22 CFR 123 – Licenses for the Export of Defense Articles
22 CFR 124 – Agreements, Off-Shore Procurement and Other Defense Services
22 CFR 125 – Licenses for the Export of Technical Data and Classified Defense Articles
22 CFR 126 – General Policies and Provisions
22 CFR 127 – Violations and Penalties
The Department of the Treasury administers and enforces economic and trade sanctions through the Office of Foreign Assets Control ("OFAC"). The sanctions imposed against foreign nations are in support of U.S. national security and foreign policy objectives. O F A C also maintains a list of individuals (Specially Designated Nationals - SDN) and entities owned or controlled by, or acting on behalf of, the sanctioned countries. U.S. persons are generally prohibited from dealing with individuals and companies named on the SDN list.
OFAC Regulations and Sanctions Programs (31 C.F.R. §500 et seq.)
(See page “International Collaborations” for information on OFAC’s sanction programs)
- U.S. Department of Homeland Security
- U.S. Department of Justice
- U.S. Nuclear Regulatory Commission
- U.S. Chemical Weapons Convention
- U.S. Customs Regulations
- U.S. Environmental Protection Agency