The EAR describes items subject to export control and the requirements for their export to various destinations. It also details the potential penalties for violations of the Export Administration Act.
The regulations divide the various types of export licenses required into three categories: general licenses, special licenses, and individual licenses. General licenses, with some exceptions, do not require prior government approval, but they must be noted on a Census Bureau Shippers Export Declaration, which is filed with U.S. Customs when an item is exported. Both special and individual licenses require prior government approval, but special licenses allow for multiple and continuing transactions under one validation, whereas individual licenses must be validated on a case-by-case basis.
As of December 1990, the destinations listed in the EAR as targeted by the United States for national security purposes were the Soviet Union, Eastern Europe, and the embargoed countries of North Korea, Vietnam, Cuba, and Cambodia.
The following is a descriptive listing of the various U.S. foreign policy and nonproliferation controls outlined in the Export Administration Regulations.
Crime control5 An individual license is required to export crime control and detection instruments and equipment and related technical data to any destination except NATO members, Japan, Australia, and New Zealand. The purpose of the control is to ensure that U.S.-origin police equipment is not exported to countries whose governments do not respect internationally recognized human rights standards and to distance the United States from human rights violations.
Antiterrorism6 Certain countries are designated by the Secretary of State as supporting terrorism, including North Korea, Cuba, Iran, Libya, Syria, and the People's Democratic Republic of Yemen. An individual license is required to export all national security controlled goods, as well as some aircraft, to these destinations in order to prevent contributions to their ability to support acts of international terrorism.
Regional stability7 The objective of regional stability controls is to deny military items to certain regions of the world where conflict and tension prevail and thereby limit the possibility that American equipment will contribute to the destabilization of such regions. Regional stability controls apply to exports to all destinations, except NATO countries, Australia, Japan, and New Zealand. Commodities subject to individual license requirements include military vehicles and certain equipment used to manufacture military equipment.
Embargoed countries8 There is a presumption of denial for virtually all exports to Cuba, Cambodia, North Korea, Vietnam, and Libya. Controls are also maintained by the Treasury Department under the Trading with the