The Export Administration Regulations (EAR): A Practitioner's Guide

Introduction

The Export Administration Regulations (EAR), administered bythe Bureau of Industry and Security (BIS), govern the export of dual-use goods,software, and technology from the United States. Navigating the EAR is acomplex task: the Commerce Control List contains thousands of entries,licensing requirements depend on product classification, end-use, anddestination, and the consequences of non-compliance can include significantcriminal penalties and denial orders. This practitioner-focused course providesa thorough and practical guide to the EAR, covering classification, licensing,red flag analysis, and enforcement.

Who ThisCourse Is For

This course is designed for export compliance managers, tradecounsel, logistics and supply chain professionals, and engineers or productmanagers at companies that export US-origin goods or technology. A basic understandingof export controls is helpful but not required.

WhatYou'll Learn

•      The structure and scope of the EAR, includingjurisdiction and coverage

•      How to classify items using the Export ControlClassification Number (ECCN) system

•      The EAR99 designation: what it means and its limits

•      How to determine licensing requirements based ondestination, end-use, and end-user

•      The role of Country Chart and the Commerce CountryGroups

•      Deemed exports: the transfer of technology to foreignnationals

•      Red flag indicators and know-your-customer obligations

•      BIS enforcement: administrative and criminal penalties

CourseStructure

Format: Live onlinesession with Q&A, also available as on-demand recording

Duration: 2 hours

Level: Intermediate

Assessment: Noformal assessment — attendance certificate issued on completion

TechnicalRequirements

This course is compatible with most operating systems andmodern web browsers. Live sessions are delivered via video conferencing.On-demand recordings are accessible via the course platform. A stable internetconnection is recommended. If you experience access issues, please contact yourorganisation's IT department or the course provider.

Course Content

1. The EAR Framework

•      BIS jurisdiction: what items and activities are covered

•      The relationship between EAR and ITAR

•      Key definitions: export, re-export, deemed export,transfer

•      The de minimis rule and foreign-direct product rule

2. Classification: The CommerceControl List

•      Structure of the CCL: 10 categories and 5 productgroups

•      Reading an ECCN: parameters, controls, and reasons forcontrol

•      EAR99: items not listed on the CCL

•      Self-classification vs commodity classificationrequests

•      Anti-tamper and encryption controls

3. Licensing Determination

•      The Country Chart: matching ECCN controls todestinations

•      Commerce Country Groups: A through E

•      Licence exceptions: key provisions and conditions

•      End-use controls: the Military End Use Rule and MEUlist

•      Entity List, Denied Persons List, and Unverified Listobligations

4. Deemed Exports andTechnology Transfers

•      Definition of a deemed export

•      Technology and source code controls

•      Visa and access controls for foreign national employees

•      Technology Control Plans

5. Red Flags and Due Diligence

•      BIS red flag indicators for potentially illegaltransactions

•      Know-your-customer obligations under the EAR

•      Due diligence steps and documentation

•      Case example: identifying and responding to a red flag

6. Enforcement

•      Administrative penalties: warning letters, civil fines,denial orders

•      Criminal penalties under the Export Control Reform Act

•      Voluntary self-disclosure to BIS

•      Case study: a major EAR enforcement action

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