Prohibitions/Requirements

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The Department of Commerce's Bureau of Export Administration (BXA) maintains an extensive manual of Export Administration Regulations (EARs). These regulations contain ten General Prohibitions that apply to all exports - whether the export is a commodity, technology, or software. Pursuant to these general prohibitions, the following actions may not be taken without an export license or license exception:

  1. Export or re-export of any export-controlled item, as determined by the Commerce Control List.
     
  2. Export or re-export of any foreign-made item to which 10% or more of export-controlled U.S. technology (e.g., parts, components, materials) have been added.
     
  3. Export or re-export of any foreign-produced product of export-controlled U.S. technology or software.
     
  4. Engage in actions prohibited by a "denial order."
     
  5. Export or re-export to prohibited end-uses or end-users.
     
  6. Export or re-export to embargoed destinations (i.e., destinations to which license exceptions do not apply).
     
  7. Support proliferation activities.
     
  8. Export or re-export of an item to or through a country listed in the Prohibition 8 section of the Commerce Department's EARs.
     
  9. Violate any order, terms, or conditions of an export license or license exception.
     
  10. Proceed with transactions with knowledge that a violation has or is about to occur.

In short, it is prohibited to have export transactions with anyone who has been determined to present an unacceptable risk of diversion to developing weapons of mass destruction or the missiles that could be used to deliver such weapons. The BXA maintains a prohibited entity list on their Web site of foreign end-users involved in proliferation activities.

It is also prohibited to engage in export activities that are subject to official denial orders. Such an order, for example, might prohibit transactions with a person (or organization) who has been denied export privileges usually because of past violations. The BXA maintains a denial list on their Web site of those subject to an official denial order.

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Last modified: March 11, 2006