Ten General Prohibitions for EAR

The following are the Ten General Prohibitions under the Export Administration Regulations (EAR) followed by a brief explanation of each:

1. Exports and Reexports
2. Parts and Components Reexports
3. Foreign Produced Direct Product Reexports
4. Denial Orders
5. End-Use / End-User
6. Embargo
7. U.S. Person Proliferation Activity
8. In-transit
9. Orders, Terms and Conditions
10. Knowledge Violation has/will Occur

General Prohibitions One, Two and Three (§736.2(b)(1), (2), and (3)) are product controls that are shaped and limited by parameters specified on the Commerce Control List (CCL) and Country Chart. General Prohibitions Four through Ten are prohibitions on certain activities that are not allowed without authorization from  Bureau of Industry and Security (BIS), and these prohibitions apply to all items subject to the EAR unless otherwise specified (§736.2(b)(4) through (10) of the EAR).

Once a determination has been made that the item is controlled by a specific Export Control Classification Number (ECCN), the information contained in the “License Requirements” section corresponding to that ECCN must be used in combination with the Country Chart to determine whether a license is required to a particular destination under General Prohibitions One, Two, or Three. The CCL and the Country Chart together define these license requirements. The applicable ECCN will indicate the reason or reasons for control for items within that ECCN. For example, ECCN 6A007 is controlled for national security (NS), missile technology (MT), and anti-terrorism (AT) reasons. After following this process, it is necessary to consult the Country Chart (§738) to identify what licenses are required for general prohibition One, Two and Three for specific destinations unless you qualify for a License Exception described in part 740 of the EAR.

Additional controls may apply to the export. There are two instances where the Country Chart cannot be used to determine if a license is required: 1) Items controlled for short supply reasons are not governed by the Country Chart. Part 754 of the EAR contains license requirements and License Exceptions for items subject to short supply controls. 2) A limited number of ECCNs contained on the CCL do not correspond with a Country Chart column identifier. In these instances, the ECCN states whether a license is required and for which destinations. See §738.3(a) of the EAR for a list of the ECCNs for which you do not need to consult the Country Chart to determine licensing requirements.

In addition to controls under the Ten General Prohibitions of the EAR, exporters should consider applicability of the International Traffic in Arms Regulations (ITAR) for defense articles and services, and Office of Foreign Assets Control (OFAC) restrictions.