Questions and answers about EAR

  • Export control language for non-tangibles

    Question: How does your company handle marking of intangibles like drawings, tech specs, and so on?  Do you mark every single document, only drawings, only documents containing technology or tech data subject to export licensing, other?  Do you use a standard template verbiage for all or is each one individually defined including the USML category […]

  • License Exception RPL

    Question: Have a UK origin product made at one of our factories in the UK that was sold to a customer in France . It needs to be returned for repair but we shut down the UK service center, however, we have a US repair station.  Looking at ECCN 9A991.d (NLR_AT) it would not require […]

  • EAR 744 supplement 7

    Question: The military end user (MEU) list published in supplement 7 is explained to be a comprehensive listing of MEUS ***NOT LOCATED IN THE SUBJECT COUNTRIES*** (China, Venezuela, Cambodia, Burma). But the list itself contains solely companies with addresses/located IN CHINA.  I was expecting to see Chinese companies locations IN OTHER COUNTRIES (e.g. AVIC xxxxx […]

  • De Minimis Rules

    Question: Please note: This question went out earlier with a broken answer link, it should be working as expected now. Thanks – ICPA Team Having some trouble understanding the special requirements for De Minimis under 15 CFR 734.4(b) and (c). We have equipment controlled under 5A002.a, which has been authorized for License Exception ENC by […]

  • MT Restrictions

    QUESTION: We are a drilling company that needs to export a ROLLER BEARING to be used in a 207 AIR HOIST.  According to the Commerce Control List, this item requires a license because the MT restrictions (Missile Tech). Is there an license exception that I can use to move this item? ========== Answer: There are […]

  • EAR99 items to Vietnam

    QUESTION: Can we ship EAR99 items to Vietnam? Is an export license required? How is this impacted by GP8? ========== Answers: It is best to check the Country Chart and walk through the EAR reviewing the steps to use the EAR, scope of the regulations and general prohibitions. https://www.bis.doc.gov/index.php/documents/regulations-docs/2383-supplement-no-1-to-part-738/file Export Administration Regulations (EAR) (doc.gov) – […]


    QUESTION: Can a US person legally export an EAR99 item to Ukraine, provided it is not shipped to a sanctioned region, with no sanctioned entities involved in the transaction and no restricted end use or end user involved? ========== Answers: Yes…no problem to do so unless it is to Crimea, Donetsk or Luhansk. ============ Yes, […]


    QUESTION: Is it possible to use the GOV exception to government agencies of qualifying countries for EAR controlled technology?  ************** Answers: In general, yes, but be aware of exclusions in 740.2 and 740.11(c)(3). Best, Scott Gearity Export Compliance Training Institute Tel: +1 216 243 9996 learnexportcompliance.com


    QUESTION: Does U.S. made item that was previously exported on a BIS export license or BIS re-export license require another BIS re-export to be returned to the original U.S. exporter? ========== Answers: No.  BIs does not have jurisdiction over US imports. ========== Not from the U.S., no. George Tuttle IIILaw Offices of George R. Tuttle, […]

  • EAR & ITAR

    QUESTION: What is the best way to print out the EAR & ITAR from the internet?  The ECFR site has you print section by section and is not in a nice, readable PDF format.  The BIS site prints in a nice readable format, but you do have to print section by section.  Just checking if […]

  • BIS License Application for 9A991 parts to CHINA

    QUESTION: I recently submitted a license application to BIS for several 9A991.d parts that would be exported to China.  The application included the technical drawings, which are build-to-print.  BIS RWA’d the license application stating, “This application is returned without action (RWA), no license is required for this export.  Based on the information provided with this […]


    QUESTION: Is a citizen of the U.S. who is working outside of the U.S., as an employee of a non-U.S. company that is not at all owned by a U.S. company, considered a U.S. Person for purposes of the EAR? Suppose this U.S. citizen is living in the EU, working in the shipping department of […]