Export Administration Regulations (EAR)

Depth Logistics complies with United States Government Export Administration Regulations (EAR) and can assist clients in navigating this important consideration of international shipping.

The Export Administration Regulations imposes controls on the export and re-export of most commercial goods, software, and technology, including “dual-use” items that can be used both for commercial and military purposes, certain defence items and nuclear equipment and material both within its borders and extra territorially.

The EAR is separate to the Australian Defence Export Controls which is based on five key criteria to assess the exportability of defence and strategic goods. These are International Obligations, Human Rights, Regional Security, National Security, Foreign Policy considerations.

The United States Government controls the export, import and use of a number of inherently military items, dual commercial and military items, and nuclear equipment and material, both within its borders and extra territorially (this is separate and extra to required Australian export licences).

Items subject to the EAR can be found on the Commerce Control List (CCL) where each item is assigned a unique Export Control Classification Number (ECCN). Items not listed on the CCL are designated as EAR99 and most of these commercial products will not require a license to be exported. However, depending on the destination, end user, or end use of the item, even an EAR99 item may require a US Bureau of Industry and Security (BIS) export license.

A manufacturer or exporter whose articles or services appear on the USML or CCL lists must register with the U.S. State Department’s Directorate of Defense Trade Controls (DDTC).

Failure to comply with the EAR can result in maximum civil fines of US$250,000 per violation. Criminal penalties can be as high as US$1,000,000 and 20 years imprisonment per violation.

Please do not hesitate to contact us for any advice you may require or have us arrange shipping of your EAR cargo.

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