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Export Prohibitions

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Export Prohibitions

Unless authorized by a U.S. export license or a license exception, it is unlawful to export or reexport an item that is subject to the Commerce Department's Export Administration Regulations (EAR) if any of the following prohibitions apply.

General Prohibition 1: No export or re-export of an item that is controlled by the U.S. Commerce Department and when the EAR states that a license is required.

General Prohibition 2: No export of any item made outside the U.S. that incorporates U.S. - origin commodities, software, or technology that is controlled to the export destination if that item:

  • incorporates more than the de minimis amount of controlled U.S. content as defined in the EAR.


  • is controlled for a reason indicated in the applicable export control classification number AND


  • is shipping to a destination that would require an export license as shown in the country chart of the EAR


General Prohibition 3: No export of an item manufactured abroad to Cuba, Libya, or a destination in Country Group D:1 (Supplement No. 1 to part 740 of the EAR) if the item:


  • is the direct product of technology or software that requires a written letter of assurance AND is subject to national security controls as stated in the EAR


    OR

  • is subject to national security controls AND is the direct product of a plant or component of a plant, where the plant or component is a direct product of technology that requires a letter of assurance


General Prohibition 4: No export in violation of a denial order issued under part 766 of the EAR.


General Prohibition 5: Under the Enhanced Proliferation Control Initiative, export to an end user or for an end use involving nuclear, missile, or chemical biological weaponry (as defined in part 744 of the EAR) is prohibited unless authorized by the U.S. Government. This prohibition is triggered if you "know" or even "have reason to know" of such end users or uses.


General Prohibition 6: No Export to Embargoed Countries


General Prohibition 7: No assistance with activities (e.g. financing, contracting, service, support) that promote proliferation of nuclear, missile, or chemical biological weaponry as defined in part 744 of the EAR.


No rendering of technical assistance to persons outside the U.S. to develop or manufacture outside the U.S. certain encryption items as identified in the EAR.


General Prohibition 8: No export through or in transit through Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Lithuania, Mongolia, North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam.


General Prohibition 9: No violation of orders, terms, or conditions of a license or license exception.


General Prohibition 10: No sale, transfer, export, reexport, financing, order, purchase, loan, or servicing of any item subject to the EAR with knowledge that a violation of the EAR, order, license, license authorization has occurred, is about to occur, or is intended to occur.


*This summary of the export prohibitions is intended as a general resource but should not be taken as official legal authority. For full, current, official regulatory details, consult the U.S. Export Administration Regulations (15 CFR Parts 730-774).