The Department of Commerce,
Bureau of Industry and Security

All items in the US are subject to the EAR, except:

• Publicly available technology & software (except encryption)

“Publicly available” means that the technology and software can be purchased or obtained freely - such as through the internet.

• Items subject to the exclusive jurisdiction of another Federal Department or Agency (Items such as nuclear reactors, which would be subject to the exclusive jurisdiction of the Nuclear Regulatory Commission.)
• Publications that are artistic or non-technical in nature (Paintings, artwork, comic strips, normally circulated newspaper publications.)

The following items that are located OUTSIDE of the US are subject to the EAR:

• U.S. origin items, wherever located
• Certain foreign-made items if:
  • The item exceeds certain de minimis US content, or
  • The foreign-produced item is the direct product of U.S. technology and software.

U.S. Persons and Foreign Nationals subject to the EAR:

• Certain activities of US Persons are regulated
• Release of technology and source code to foreign nationals in the US and abroad is regulated

The Commerce Control List (CCL)

The CCL is contained in Part 738 and Part 774, Supplement 1 to the EAR

It contains lists of items that are subject to the licensing authority of BIS

Each entry is called an Export Control Classification Number (ECCN), and Is comprised of five alpha-numeric characters. Items are listed in terms of technical parameters

Composition of the ECCN

Part 738.2 (Example - 3D101)
3 - Category
D- Product Group
1 - Relates to reason for control
0 - Relates to reason for control
1 - Used for numerical ordering

There are ten categories in the CCL (0-5):

0 - Nuclear materials, facilities & equipment, and miscellaneous nuclear items
1 - Materials, chemicals, microorganisms & toxins
2 - Materials processing
3 - Electronic design, development and production
4 - Computers
5 - Telecommunications and Information Security (Encryption)

There are ten categories in the CCL (6-9):

6 - Sensors and Lasers
7 - Navigation and avionics
8 - Marine equipment
9 - Propulsion systems, space vehicles and related equipment

The product groups are:

A - Equipment, assemblies & components
B - Production, test & inspection equipment (not ready for market)
C - Materials
D - Software
E - Technology

How to read an ECCN entry:

Ex. 5A001: Telecommunications systems, equipment, and components
License Requirements:
Reason for control: NS, AT
Control(s) Country Chart
NS applies to 5A001.a NS Column 1
NS applies to 5A001.b,c or d NS Column 2
AT applies to entire entry AT Column 1
License exceptions:
List of items controlled:
Reasons for Control

• AT - Anti-terrorism
• CB - Chemical and Biological Weapons
• CC - Crime Control
• CW - Chemical Weapons Convention
• EI - Encryption Item
• FC - Firearms Control
• MT - Missile Technology
• NP - Nuclear Nonproliferation
• NS - National Security
• RS - Regional Stability
• SI - Significant Item
• SS - Short Supply Item
• UN - United Nations
• XP – Computers

Finding an ECCN

• Review general characteristics of item to arrive at Category and Product Grouping
• Match characteristics of item with ECCN and subparagraph
• Check the Commerce Control List alphabetical index