EAR - Export Administration Regulations
Part 734: Scope of the EAR – EAR - Export Administration Regulations

EAR - Export Administration Regulations 734.3: 734.3 Items subject to the EAR

Subject to the EAR are all items in the United States (including foreign trade zones and items in transit), all U.S.-origin items wherever located, foreign-made items incorporating, bundled or commingled with controlled U.S.-origin content in any quantity where 734.4(a) sets no de minimis level or above the de minimis levels, certain foreign-produced direct products under 734.9, and certain foreign items made from U.S. encryption items exported under License Exception ENC. Not subject: items exclusively controlled by State (ITAR, USML), OFAC, NRC, DOE, the Patent and Trademark Office, or transferred under the DoD Foreign Military Sales programme; printed books and similar publications; and information and software that are published (734.7), arise from fundamental research (734.8), are released by instruction in catalog courses and teaching labs, appear in patents or open patent applications or serve standards-related activity (734.10), are non-proprietary system descriptions, or are telemetry data. Encryption source code in electronic form stays subject (734.17) except publicly available code meeting 742.15(b). Items subject to the EAR but not on the CCL are EAR99; 0Y521 holds temporary controls. BIS classifications and advisory opinions are not determinations that an item is subject to the EAR, and EAR items may move under DDTC licences or agreements per ITAR 120.5(b) and 126.6(c), with anything outside their terms needing BIS authorisation.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

What else in your programme already covers this

This control maps to 1 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 734: Scope of the EAR – EAR - Export Administration Regulations

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The graph holds this control, the 1 it maps to, and the evidence behind each claim, over MCP and REST.