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THE LAW
U.S. export controls are intended to promote the national
security, foreign policy, nonproliferation, and short supply
interests of the United States. The scope and extraterritorial
reach of the regulations is quite broad. U.S. export controls
apply to:
- export of commodities, technology, and software
(object and source code) from the United States.
- transfers of technology and source code to foreign
nationals around the world
- re-exports of U.S. origin commodities, technology, and
software to foreign countries
- foreign-manufactured goods derived from U.S. technology
While the export controls of the past were designed to stem the
spread of U.S. technological advances to Cold War adversaries,
today's export controls focus on reducing the proliferation of
weapons of mass destruction and combating illegal diversion
of goods and technologies.
The Export Administration Act of 1979 (EAA), authorizes the
President to control exports. The Export Administration
Regulations (EAR) [15 C.F.R. 730 et. Seq.] implement the EAA
and are administered by the Commerce Department, Bureau of
Industry and Security (BIS). The EAA expired in August 1994.
However, the President has invoked the International Emergency
Economic Powers Act to keep the EAA and the EAR in effect.
BIS controls "dual-use" items that have civilian end uses
but can be utilized for military or proliferation
(nuclear, missile, chemical/biological warfare) applications.
Currently, most of Sun's hardware, software, service, and
technology are subject to export controls that are administered
by BIS.
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