Code of Federal Regulations · Section
§ 730.3 — “dual Use” And Other Types Of Items Subject To The Ear
15 C.F.R. § 730.3
The term “dual use” is often used to describe the types of items subject to the EAR. A “dual-use” item is one that has civil applications as well as terrorism and military or weapons of mass destruction (WMD)-related applications. The precise description of what is “subject to the EAR” is in § 734.3, which does not limit the EAR to controlling only dual-use items. In essence, the EAR control any item warranting control that is not exclusively controlled for export, reexport, or transfer (in-country) by another agency of the U.S. Government or otherwise excluded from being subject to the EAR pursuant to § 734.3(b) of the EAR. Thus, items subject to the EAR include purely civilian items, items with both civil and military, terrorism or potential WMD-related applications, and items that are exclusively used for military applications but that do not warrant control under the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 et seq.).
Authorizing Statute
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Application of the Trade Sanctions Reform and Export Enhancement Act22 U.S.C. § 7210
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Support for Cuban people22 U.S.C. § 6004
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Congressional declaration of policy22 U.S.C. § 3201
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Definitions22 U.S.C. § 7201
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Definitions10 U.S.C. § 8720
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Unlawful acts15 U.S.C. § 1824
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Disposition of products10 U.S.C. § 8730
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Congressional findings and declaration of policy22 U.S.C. § 2151