Questions and answers about EAR

  • BIS question

    OT Fact Sheet: Origin Certification Requirements QUESTION: BIS stopped by today, stating that they were in the area.  This is totally out of character as our products are EAR99.  Is it the opinion of the membership that this was in fact just a casual meeting, or, is there more to come on this and we […]

  • EAR CCL software

    OT Fact Sheet: Origin Certification Requirements QUESTION: I was just considering software on the EAR CCL and it seems that virtually ALL software ECCNS in ALL categories are “99” ECCNs, meaning unilateral US controls and subject to AT only (e.g.1D990, 2D994, 5D997, 6D992 etc.).  I went through every category and all software entries are 99/AT […]

  • DOD List and EAR744.21

    QUESTION: 15CFR§744.21g definition of a military end user includes: any person or entity whose actions or functions are intended to support ‘military end uses’ as defined in paragraph (f) of this section Now that the DOD has published and expanded their list of Chinese military end users, any opinions on how this affects EAR744.21g? Are/will […]


    QUESTION: Would all controlled technology under the EAR also be considered Control Unclassified Information (CUI)? ============ Answers: yes ============ Those two classifications are not related.  You have to look at the item(s) on an individual basis. ============ Seems like EAR-controlled technology should be CUI. I do not know of a carve-out for EAR99 technology. But […]

  • Help With Commerce Control Listing-3A992.A

    QUESTION: Looking for clarification on a particular ECCN entry We are manufacturer of electrical testing equipment and our engineers are in the process of reviewing the Commerce Control List for ECCN determination The question I have is on ECCN 3A992 General Purpose Electronic Equipment not Controlled by 3A002 3A992.A  is very vague and calls for […]


    QUESTION: With the new changes to the EAR – revising § 758.1 of the EAR, regarding shipments to China, Russia and Venezuela, does anyone have a pre-existing statement to have their clients sign with regards to their involvement with the Military of a given country?  We utilize BIS 711 for our export shipments, but this […]


    QUESTION: I’d like to ask the membership about the notice in the Federal Register for the expansion of export, reexport and transfer (in-country) controls for military end use or military end users in China, Russia or Venezuela that will go into effect June 29th. We were advised by our forwarder that any shipment going to […]


    QUESTION: We would like to get the membership’s feedback on the EAR’s record retention policy of 5 years. Per § 762.6 records must be kept for 5 years from the latest of the following times…”Any known reexport…” What should a U.S. company’s record retention policy be if the U.S. company knows a distributor in another […]


    QUESTION: I have an export control related question to ICPA members. We are a US based company for oil/gas construction equipment which are classified as EAR99 items. Our sales office in Dubai, UAE tries to sell products to a Lebanese company in Iraq. Lebanon is a US sanctioned country with no military equipment, nuclear and […]


    QUESTION: What are others currently seeing for DOD DSP-5 license processing times? Despite many previous DOD licenses for same item/users without any problems, RSAT has had our DSP-5 for 6 weeks. The DOD Analyst has no info/explanation. ************* Answers: Sadly this is normal, and if you’re only experiencing 6 weeks, count your blessings. Average processing […]

  • Classification and control of technology

    QUESTION: How do you classify technology (EAR) or technical data (ITAR) to determine who it can be shared with? Do you start with the hardware classification for every item and then extrapolate the technology classification, assign categorical tech data controls for entire programs, or use another method? And once a technology classification is determined, do […]

  • Production of EAR99 goods for Nuclear Power Plant

    QUESTION: We recently produced EAR99 goods for a Nuclear Power Plant. In reviewing the job folder for this I see that we were given architectural drawings of the layout of the plant to show where the goods would be placed. There is no control language on these drawings. Due to this I assume that these […]