EAR Decision Tree

The following process flow depicts a high-level decision tree supported in GTM:

Note: The flow chart assumes that the item or activity has been already identified as subject to the Export Administration Regulations (EAR) and has been classified accordingly.

The following is an explanation of the process flow:

1. Identify the license requirements and potential exceptions provided by Prohibitions One, Two and Three. If there is no exception available, the item or activity requires a license. If there is an exception available, it is necessary to check other Prohibitions and additional terms or conditions before verifying whether there exist restrictions on these exceptions.
2. Verify whether Prohibitions Four to Ten apply to the Item/Activity. [Prohibitions Four, Seven, Eight, Nine and Ten do not have exceptions.] If there is a match of any rule, a license is required. If there is no match across Prohibitions Four, Seven, Eight, Nine or Ten, it is necessary to verify whether license requirements and available exception indicated in Prohibitions Five or Six applies. If there is a match and no exception available, the item or activity requires a license. If there is an exception, the exporter/reexporter can make use of the exception.
3. If there is no match to rules for the Prohibitions Four to Ten (steps 2 and 3), and there is potential exception coming from step 1, verify whether or not there are restrictions on the exceptions. If there is no restriction on the exception or there is a new exception to the restriction on exception, the exporter/reexporter can apply the exception indicated for Prohibition One, Two and Three.

If there is no match to any of the above steps, no license is required.