There are three primary U.S. Government Agencies that regulate the export, re-export, or deemed export of certain items, software, technologies, information, defense articles, defense services and fiscal resources to foreign countries. These agencies include the Department of Commerce, the Department of State, and the Department of Treasury.
|U.S. Department||Department of Commerce||Department of State||Department of Treasury|
|Department's Agency||BIS (Bureau of Industry and Security)||DDTC (Directorate of Defense Trade Controls)||OFAC (Office of Foreign Assets Control)|
|Agency’s Regulations||EAR (Export Administration Regulations)||ITAR (International Traffic in Arms Regulations)||Trading with the Enemy Act, International Emergency Economic Powers Act, and others|
|Regulation’s List of Controlled Items||CCL (Commerce Control List)||USML (United States Munitions List)||SDN, BPL (Specially Designated Nationals, Blocked Persons List)|
|Items Controlled by Agency||“Dual-Use” Items||“Defense Articles” and “Defense Services”||Economic and Trade Sanctions against Individuals, Entities and Countries|
The Department of Commerce, specifically the 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, information that are classified as having “dual-use” (civilian and military applications) on the Commerce Control List (CCL).
EAR Code of Federal Regulations (15 CFR § § 730-774)
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, specifically the Directorate of Defense Trade Controls, is responsible for regulating defense articles, defense services, and related technical data 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 CFR § § 120-130)
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. OFAC 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 Code of Federal Regulations (21 CFR § § 500-599)