The U.S. Export Administration Regulations (EAR) are the regulations that control military goods that do not warrant strict controls under the ITAR. The EAR also controls the re-export of goods and technology that have both a military and commercial use (dual-use) from Australia. It is imperative for Australian industry to be compliant with the EAR as with the recent export control reforms in the U.S., Australian industry is far more likely to be handling EAR goods and technology than ITAR controlled technology. Since 2009, thousands of controlled items have moved from the ITAR’s USML to the EAR’s Commerce Control List (CCL). Australian companies must understand the EAR's compliance requirements as they differ greatly from those of the ITAR. There is also a greater chance of undergoing an end-use check from the Bureau of Industry and Security, the agency responsible for administering the EAR, than the U.S. State Department. If you need assistance with understanding how to comply with the requirements of the EAR, we can help:
  • Can't determine if your article remains ITAR controlled or has moved to the EAR?
  • Having trouble deciding if what you are providing to Defence is still a "defence service" under the ITAR?
  • Unable to determine your new USML classification or ECCN?
  • Unsure how to apply the new definitions of "specially designed", "mission systems" or other terms to your USML article?
  • Need assistance with a Bureau of Industry and Security (BIS) license applications?
The U.S. State Department has confirmed that correctly determining jurisdiction (ITAR/EAR) is the responsibility of the "exporter", this includes an Australian company when they are the "exporter". Click here to read a letter from the State Department on this subject. It is important to determine which ITAR controlled items in your company's control or possession has transitioned from the USML to the CCL, and whether those items are included in the CCL's more tightly monitored '600 series'. Contact us for assistance in helping your staff to make this determination, configure your ERP systems, conduct training, or answer any compliance questions you may have.