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What
is an Export?
The Basics
In export control regulations, there are several meanings of the word,"export", which can include any
of the following:
(1) the actual
shipment of any goods or items covered under the
regulations;
(2) the
electronic or digital transmission of any
goods, items or related goods covered under the
regulations
(3) any
release or disclosure, including verbal
disclosures or visual inspections, or any
technology, software or technical data to any
foreign national; or
(4) the actual
use or application of covered technology on
behalf of or for the benefit of
any foreign entity or person anywhere.
The export or reexport of
commodities, software, and technology is regulated by the US Department of
Commerce Bureau of Industry and Security (BIS)
which is responsible for implementing and enforcing Export Administration
Regulations (EAR).
The BIS regulates purely commercial items as well as items that are commercial
and might have military or proliferation applications (called
"dual-use" items). The term "proliferation applications" refers
to the spread of biochemical, nuclear, and other weapons of mass destruction to countries not originally involved in
developing them.
Not all exports are covered under the EAR, however. For instance, defense articles and services are regulated by the Department of
State under the International Traffic in Arms Regulations (ITAR). Examples of these types of exports include military equipment, military and space
electronics, computers designed for military application, cryptographic
techniques and encryption software.
Special exports such as endangered species, medical devices, and nuclear
materials and equipment are regulated by still other governmental agencies. A
list of the various agencies and contact information for each can
be found in Supplement No. 3 to Part 730 of the EAR.
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Last updated 02-06-08
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