Skip to main content

Learn best practices and the eight elements needed to develop an effective Export Compliance Program (ECP) created by BIS to assist your organization in compliance with the EAR. You can also download the BIS Export Compliance Guidelines here 

There are specific regulatory, classification, licensing, and recordkeeping provisions associated with the export of encryption items.

Certain transfers of technology within the United States, or uploaded to the cloud, can be subject to the Export Administration Regulations. The Deemed Export provisions, for example, address the transfer of technology to a foreign person within the United States. This is deemed to be a transfer to the recipient’s country of nationality.

A critical component in determining the authority you need to export is to assess the suitability of your customer. Recipients may be subject to a restriction or sanction, or may exhibit a “red flag” alerting you to inquire further about the parties to the transaction.

U.S. items overseas, and items produced overseas using U.S.-origin components or made using U.S. technology, may still be subject to the Export Administration Regulations. Certain activities of U.S. persons overseas may also be subject to these regulations.

BIS offers training seminars that give you the opportunity to learn first-hand from experienced U.S. government officials; answering your questions about export control policies, and procedures.

The Export Administration Regulations (EAR) contain a list of names of certain foreign persons – including businesses, research institutions, government and private organizations, individuals, and other types of legal persons – that are subject to specific license requirements for the export, reexport and/or transfer (in-country) of specified items. These persons comprise the Entity List, which is found in Supplement No. 4 to Part 744 of the EAR.