BIS and State Issue Final Rules Aligning EAR and ITAR Definitions

June 3, 2016

The Bureau of Industry and Security (BIS) and the State Department have issued final rules updating definitions in the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), respectively, to enhance clarity and consistency of terms between both export control regulations. 

The BIS rule (81 F.R. 35587) also revises the Scope part of the EAR (Part 734) to update and clarify application of controls to electronically transmitted and stored technology and software, including by way of cloud computing. Among other changes, BIS is adding definitions for "access information," "technology," "required," "foreign person," "proscribed person," "published," results of "fundamental research," "export," "reexport," "release," "transfer," and "transfer (in-country)."

State's rule (81 F.R. 35611) updates the definitions of “export,” and “reexport or retransfer” in order to harmonize the definitions with the corresponding terms in the EAR, to the extent appropriate, and creates definitions of “release” and “retransfer.” State’s rule also creates new sections of the ITAR detailing with the scope of licenses, unauthorized releases of controlled information and revises the section on “exports” of technical data to U.S. persons abroad. Finally, it consolidates regulatory provisions on the treatment of foreign dual and third country national employees within one exemption

Both sets of rules will take effect Sept. 1.

If you have any questions about these or other customs matters, please contact George R. Tuttle, III at or at (415) 986-8780.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

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