Export Administration Regulations (EAR)
Commodities and associated technical data and software pertaining to items, are considered "dual-use" if they are commercial in nature and also have military or proliferation applications based upon government specified technical characteristics, destinations, end-users, and end-uses. Controlled “dual-use” commodities are enumerated on the Export Administration Regulations (EAR) Commerce Control List (CCL).
The "deemed export" rule states that the transfer, release or disclosure to foreign persons in the United States of technical data about controlled commodities is deemed to be an export to the home country of the foreign person. This rule can be problematic for research because it limits foreign national participation (students, post-docs, faculty, and visiting scientists, consultants, etc.) in research that is subject to access or dissemination restrictions.
The U.S Department of Commerce has published a FAQ Guide concerning application of the deemed export rule on university activities.
Complying with the Deemed Export Rule:
- Determine if your technology is controlled by the EAR Commerce Control List (CCL) by using the EAR Decision Tool. Click here for additional screening instructions.
- Assure that technical data concerning export controlled commodities qualifies for an exclusion. If it does, the Deemed Export Rule does not apply.
- Do not involve foreign nationals in research projects that do not qualify as “fundamental research” without approval from the Office of Research & Commercialization.
- Do not transfer, release, or disclose (via laboratory tours, meetings, or correspondence) technical data concerning a controlled item to visiting foreign nationals if it does not qualify for an exclusion.
Items and Technical Data Controlled by the Commerce Control List (CCL)
The EAR Commerce Control List (CCL) details controlled commodities organized by an Export Control Classification Number (ECCN) that describes the technical characteristics of the item and accompanying export restrictions. PI’s should determine if their technology is a controlled commodity listed on the EAR Commerce Control List (CCL).
|0:||Nuclear Materials, Facilities & Equipment (Miscellaneous Items)|
|1:||Materials, Chemicals, Microorganisms and Toxins|
|3:||Electronics Design, Development and Production|
|5 (Part 1):||Telecommunications|
|5 (Part 2):||Information Security|
|6:||Sensors and Lasers|
|7:||Navigation and Avionics|
|9:||Propulsion Systems, Space Vehicles and Related Equipment|
EAR Decision Tree
The EAR Decision Tool provides simplified guidance to determine whether research is subject to Export Administration Regulations (EAR) or qualifies for an exclusion.
The Deemed Export Tool provides simplified guidance to determine whether research is subject to the Deemed Export Rule.