Department of Commerce Bureau of Industry and Security Decision Charts

1
Department of CommerceBureau of Industry and
SecurityDecision Charts

• Adapted from Supplement No. 2 to Part 732
• of the
• Export Administration Regulations
• by the
• UNCW Office of Research Services
• and Sponsored Programs
• June 2007

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Nuc Prolif?
DECISION TREE 1 Am I subject to the EAR? If
this decision chart shows you are subject, you
will be directed to Decision Chart 2 to see if
you are required to apply for a license.
Am I involved in an activity related to the
proliferation of chemical or biological weapons,
nuclear explosive devices or missiles, or
technical assistance with respect to
encryption? See EAR Section 734.5(a), (b) and (c)
YES
NO
3
Other jurisdiction?
Is the item I am planning to export or reexport
subject to the exclusive jurisdiction of another
U.S. Government Federal Department or
Agency? (Such as ITAR, OFAC, Dept. of
Energy, Patent and Trademark Office) See Section
734.3(b)(1)
YES
NO
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4
Published?
Does my export or reexport consist of prerecorded
phonograph records, printed books, pamphlets
miscellaneous publications as described in the
EAR? (Like childrens books, periodicals, music
CDs, globes, and advertising) See Section
734.3(b)(2)
YES
NO
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5
Publicly Avail?
Is the technology or software I am planning to
export or reexport publicly available (excluding
encryption items like the source code in
laptops)? See Section 734.3(b)(3)
YES
NO
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6
In or out US?
Is my item in the United States or outside
the united States but of US origin? See Section
734.3(a)(1) and (2)
YES
NO
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7
De minimis?
Does my foreign-made item incorporate controlled
US origin items that exceed the de minimis limits
defined in section 734.4 or Supplement No. 2 to
part 734 of the EAR, or is it ineligible for de
minimis? See Section 734.3(a)(3)
YES
NO
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8
US origin?
Is the foreign-made item a direct product of the
U.S. origin technology or software, as described
in section 736.2(b)(3) of the EAR, and the
destination is Cuba, Libya, or a destination in
country Group D1? See Section 734.3(a)(4) and
(5)
YES
NO
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NOT SUBJECT
YOU ARE NOT SUBJECT TO THE EAR There is no need
to proceed to Decision Tree 2
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10
SUBJECT
YOU ARE SUBJECT TO THE EAR Please proceed to
Decision Tree 2
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11
ECCN?
DECISION TREE 2 Im subject to the EAR. Do I
need to apply for a license?
Is my item classified under an Export Control
Classification Number (ECCN) on the Commerce
Control List (CCL)?
YES Note ECCN
NO Item is EAR99
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Gen Prob Scen 1

• Do General Prohibitions 4 10 apply?
• Are you engaging in any action prohibited by a
  denial order?
• Are you exporting or reexporting to a prohibited
  end-user?
• Are you exporting to an embargoed destination?
• Are you supporting proliferation activities?
• Are you exporting an item that will be unladen or
  in transit through a country listed in
  736.2(b)(8)(ii)?
• Are you violating any order, term or condition of
  a license?
• Are you proceeding with a transaction with
  knowledge that a violation has occurred or is
  about to occur?
• See 736.2(b)(4-10)

YES
NO
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13
Gen Prohib Scen 2?

• Do General Prohibitions 4 10 apply?
• Are you engaging in any action prohibited by a
  denial order?
• Are you exporting or reexporting to a prohibited
  end-user?
• Are you exporting to an embargoed destination?
• Are you supporting proliferation activities?
• Are you exporting an item that will be unladen or
  in transit through a country listed in
  736.2(b)(8)(ii)?
• Are you violating any order, term or condition of
  a license?
• Are you proceeding with a transaction with
  knowledge that a violation has occurred or is
  about to occur?
• See 736.2(b)(4-10)

YES
NO
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14
NLR
No License Required (NLR) See 732.5(a)(1)(ii)
758.1(a)(3)
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Country Chart?
Is there an X in the box when you cross
reference the Commerce Country Chart and the
Commerce Control List? See Supp. No. 1 to Part
738 Supp. No. 1 to Part 774)
YES
NO
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16
License Exception?
Is a License Exception available? See Part 740
including 740.2 restrictions that apply to all
license exceptions
YES
NO
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17
Use Lic Exc
Use License Exception (you do not need to apply
for a license) See 740.1
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18
You need license
Submit an application for a license See Part 748
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For More InformationUNCWLeanne Prete,
Regulatory Compliance OfficerOffice of Research
Services and Sponsored Programs910-962-7774prete
l_at_uncw.eduU.S. Bureau of Industry and Security
Regulatory Counselors202-482-4811
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