---
title: Export Control Regulations
description: A comprehensive overview of the legal framework governing the export of goods, services, and technology from the United States.
keywords: [export control, ITAR, EAR, sanctions, BIS, OFAC]
category: law
---

## Introduction to Export Control Regulations

The export of goods, services, and technology from the United States is subject to a complex web of federal laws and regulations designed to safeguard national security, foreign policy interests, and the economy. These export control regulations are administered by various government agencies, including the Department of State, the Department of Commerce, and the Department of the Treasury, and impose licensing requirements, end-use restrictions, and other compliance obligations on individuals and businesses engaged in international trade.

At the heart of the U.S. export control regime are two primary regulatory frameworks: the International Traffic in Arms Regulations (ITAR), which governs the export of defense articles and services, and the Export Administration Regulations (EAR), which covers the export of commercial and "dual-use" items that have both civilian and potential military applications. Violations of these regulations can result in significant civil and criminal penalties, including fines and imprisonment.

## The International Traffic in Arms Regulations (ITAR)

The ITAR, codified in 22 C.F.R. §§ 120-130, is administered by the Directorate of Defense Trade Controls (DDTC) within the U.S. Department of State. The ITAR regulates the export of defense articles, defense services, and related technical data, as defined in the United States Munitions List (USML). Items on the USML include, but are not limited to, firearms, ammunition, military aircraft, and certain electronics and software.

To export an item on the USML, a company must obtain a license from the DDTC, which will review the proposed transaction for compliance with the ITAR's requirements. The DDTC has broad discretion in granting, denying, or conditioning licenses, and may consider factors such as the nature of the item, the end-use and end-user, and the potential impact on U.S. national security and foreign policy interests.

Violations of the ITAR can result in significant civil and criminal penalties. In United States v. Roth, 628 F.3d 827 (6th Cir. 2011), the court upheld a sentence of 63 months' imprisonment for the illegal export of night vision goggles, which are classified as defense articles under the USML.

## The Export Administration Regulations (EAR)

The EAR, codified in 15 C.F.R. §§ 730-774, is administered by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce. The EAR regulates the export of "dual-use" items, which have both commercial and potential military applications, as well as certain purely commercial items. These items are listed on the Commerce Control List (CCL).

Unlike the ITAR, the EAR employs a more nuanced approach to export controls, with different levels of restrictions based on the nature of the item, the destination country, the end-user, and the end-use. Some exports may be subject to a general license, while others may require a specific license from the BIS.

In United States v. Tsai, 954 F.2d 155 (3d Cir. 1992), the court upheld the conviction of a defendant who had illegally exported computer equipment to China without the required BIS license, highlighting the importance of compliance with the EAR.

## Economic Sanctions and the Office of Foreign Assets Control (OFAC)

In addition to the ITAR and EAR, the U.S. government also imposes economic sanctions and trade restrictions through the Office of Foreign Assets Control (OFAC) within the U.S. Department of the Treasury. OFAC administers and enforces a variety of sanctions programs, including those targeting specific countries, individuals, and entities.

OFAC's sanctions prohibit U.S. persons from engaging in transactions with sanctioned parties, as well as the export, re-export, or transfer of goods, services, or technology to sanctioned destinations. Violations of OFAC sanctions can result in significant civil and criminal penalties, as demonstrated in the case of United States v. Epsilon Electronics, Inc., 431 F.3d 99 (9th Cir. 2005), where the court upheld a $4.07 million civil penalty for the illegal export of car audio equipment to Iran.

## Compliance and Enforcement

Compliance with export control regulations is of paramount importance for individuals and businesses engaged in international trade. Companies must implement robust compliance programs, including comprehensive employee training, record-keeping, and audit procedures, to mitigate the risk of violations.

The government takes export control enforcement seriously, as evidenced by the significant penalties imposed in cases such as United States v. Roth and United States v. Tsai. In addition to civil and criminal penalties, violations can also result in the denial of export privileges, the debarment of companies from government contracts, and reputational damage.

## Conclusion

The export control regulations in the United States are a complex and ever-evolving legal landscape, requiring careful navigation by individuals and businesses engaged in international trade. Compliance with the ITAR, EAR, and OFAC sanctions is essential to avoid significant civil and criminal penalties, as well as to protect national security and foreign policy interests. By understanding the nuances of these regulations and implementing effective compliance programs, companies can mitigate the risks associated with export activities and continue to participate in the global marketplace.