United StatesEAR military end-use and military end-user restrictions
In force.
An end user controls rule binding private bodies.
As of .
What it requires
- Before you export, reexport or transfer an item listed in Supplement No. 2 to part 744, or any item subject to the EAR where the end use or end user is in Belarus or Russia, find out whether you have knowledge that it is intended for a military end use or a military end user, and get a license if you do (15 C.F.R. 744.21(a); 772.1).
- Do not proceed with an export, reexport or transfer that BIS has informed you needs a license because of an unacceptable risk of use in or diversion to a military end use or end user in Belarus, Burma, Cambodia, China, Nicaragua, Russia or Venezuela (15 C.F.R. 744.21(b)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A willful violation, attempt or conspiracy is punishable by a fine of up to $1,000,000 and, for an individual, imprisonment of up to 20 years, or both (50 U.S.C. 4819(b)).
Penalty structure
The statute sets the greater of $300,000 or twice the value of the transaction that is the basis of the violation; the amount coded is the inflation-adjusted maximum that Commerce publishes.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 374,474
Who enforces it
Enforcement body
Department of Commerce, which imposes civil penalties through the Secretary of Commerce under 50 U.S.C. 4819(c); willful violations are criminal offenses under 50 U.S.C. 4819(b).
What it reaches
Obligation class
Prohibition, Licensing
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- You have knowledge that the item is intended in whole or in part for a military end use in Burma, Cambodia, China, Nicaragua, Venezuela, Belarus or Russia, or for a military end user of those countries wherever located.
- BIS has informed you that a license is required for the transaction because of an unacceptable risk of use in or diversion to a military end use or end user.
What this law does
In addition to the Commerce Control List, you may not export, reexport or transfer an item listed in Supplement No. 2 to part 744 without a license if you have knowledge, as defined in section 772.1, that it is intended in whole or in part for a military end use in Burma, Cambodia, China, Nicaragua or Venezuela, or for a military end user of those countries wherever located, and the same holds for any item subject to the EAR when the end use or end user is in Belarus or Russia.
BIS may also inform you that a license is required for specific exports of any item because of an unacceptable risk of use in or diversion to a military end use or end user in those countries. The eCFR records paragraph (a)(3), the introductory text of paragraph (b)(2) and the last sentence of paragraph (d) as stayed until . The section's source is 87 FR 13059 of , and it has been amended since.
When LexLint raises it
When your app profile says your app ships encryption, distributes a software product or ships a mobile app.