Sarah Nilsson, JD, PhD, MAS
Sarah Nilsson, JD, PhD, MAS

Exporting UAS

 

The Export Administration Regulations - EAR

The U.S. Department of Commerce administers the Export Administration Regulations (15 CFR §§730-774), or “EAR,” which regulate the export of “dual-use” items. These items include goods and related technology, including technical data and technical assistance, which are designed for commercial purposes, but which could have military applications, such as computers, aircraft, and pathogens.

The list of EAR-controlled items (the Commerce Control list, or “CCL”) is published at 15 CFR §774, Supplement 1. An alphabetical list of CCL items is accessible at: http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf. EAR Technical Data may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, and instructions written or recorded on other media or devices such as disk, tape, and read-only memories. EAR Technical Assistance may take forms such as instruction, skills training, working knowledge, and consulting services.

The CCL categorizes these covered items into 10 broad categories:

  1. Nuclear Materials, Facilities and Equipment, and Miscellaneous
  2. Materials, Chemicals, Microorganisms, and Toxins
  3. Materials Processing
  4. Electronics
  5. Computers
  6. Telecommunications and Information Security
  7. Lasers and Sensors
  8. Navigation and Avionics
  9. Marine
  10. Propulsion Systems, Space Vehicles, and Related Equipment

For goods and technology listed on the CCL, a license may be required for export, depending on the destination country, receiving party, and end use, unless an exclusion or exemption applies. Where embargoed countries are involved (see “OFAC Sanctions Program”), a license will be denied.

The regulations include an additional “catch-all” category, the EAR99, which covers any good or technology that is subject to the EAR as defined in 15 CFR §734.3(a), but that is not on the CCL. Items in the EAR99 category do not require a license for “list-based” controls, but may require a license based on embargoes, sanctions, receiving party or end use.

The International Traffic in Arms Regulations (ITAR)

The Department of State is responsible for the export and temporary import of defense articles and services governed by 22 U.S.C. 2778 of the Arms Export Control Act ("AECA"; see the AECA Web page) and Executive Order 13637. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. The ITAR is available from the Government Printing Office (GPO) as an annual hardcopy or e-document publication as part of the Code of Federal Regulations (CFR) and as an updated e-document.

 

Read the following first...

Drones and Export Controls - v1.pdf
Adobe Acrobat document [738.8 KB]
ccl9.pdf
Adobe Acrobat document [773.3 KB]
ddtc_getting_started.pdf
Adobe Acrobat document [52.2 KB]

Contact Me

Sarah Nilsson, JD, PhD, MAS

 

602 561 8665

 

sarah@sarahnilsson.org

 

You can also fill out my online form.

Get Social with Me

View Sarah J. Nilsson's profile on LinkedIn

Legal disclaimer 

The information on this website is for educational purposes only and DOES NOT constitute legal advice. While the author of this website is an attorney, she is not your attorney, nor are you her client, until you enter into a written agreement with Nilsson Law, PLLC to provide legal services.

 

 

Steward of 

Little Free Library

Print Print | Sitemap
© Sarah Nilsson