The Export Administration Regulations (EAR) are US Government rules controlling the export and re-export of most commercial goods, software and technology, including “dual-use” items with both commercial and military uses, certain defence items and nuclear equipment and material, both inside the US and extraterritorially. Depth Logistics complies with the EAR and with ITAR, and helps clients ship EAR-controlled cargo from our Depth Defence Logistics Centres (2DLCs) in Brisbane and Darwin and our Townsville depot.
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How the EAR works: the Commerce Control List, ECCNs and EAR99
Items subject to the EAR are on the Commerce Control List (CCL), where each has a unique Export Control Classification Number (ECCN). Items not on the CCL are designated EAR99, and most of these commercial products do not need a licence to export. However, depending on the destination, end user or end use, even an EAR99 item may need a US Bureau of Industry and Security (BIS) export licence.
EAR and Australian defence export controls
The EAR is separate from, and in addition to, Australian export licences. Australia’s Defence Export Controls assess the exportability of defence and strategic goods against five key criteria:
- International obligations
- Human rights
- Regional security
- National security
- Foreign policy
Registration and penalties
Items on the Commerce Control List (CCL) are controlled by the US Department of Commerce’s Bureau of Industry and Security (BIS). Depending on an item’s classification and destination, an export or re-export may need a BIS licence. Manufacturers and exporters of defence articles on the US Munitions List (USML) are covered by ITAR instead and must register with the US State Department’s Directorate of Defense Trade Controls (DDTC).
Breaching the EAR can bring maximum civil fines of US$374,474 per violation, or twice the value of the transaction, whichever is greater and criminal penalties of up to US$1,000,000 and 20 years’ imprisonment per violation.
Shipping EAR-controlled cargo with Depth Logistics
Contact us for advice, or have us arrange shipping of your EAR cargo. Related pages:
24-hour line
07 3054 4670Coolangatta
Head office
2/17 Griffith St
Coolangatta QLD 4225
Postal address: PO Box 811
Coolangatta QLD 4225
Brisbane
8 Culya St
Pinkenba QLD 4008
Darwin
31 Muramats Rd
East Arm NT 0822
Townsville
16 Mackley St
Garbutt QLD 4814
Frequently asked questions
What are the Export Administration Regulations?
US Government rules controlling the export and re-export of most commercial goods, software and technology, including dual-use items, certain defence items and nuclear material.
What is EAR99?
The designation for items subject to the EAR but not on the Commerce Control List. Most do not need an export licence, but some destinations, end users or end uses still require a BIS licence.
Is the EAR the same as Australian export controls?
No. The EAR is separate from, and additional to, Australian export licences.
Does Depth Logistics comply with the EAR?
Yes. Depth Logistics complies with the EAR and ITAR and can arrange shipping of EAR-controlled cargo.
