What are the laws concerning the export of technologies?
In Washington, the export of technologies is regulated by the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). ITAR controls the export of defense materials, services and related technology. These are items specified on the United States Munitions List (USML). It is important to check the USML to see if the technology you want to export is subject to ITAR before exporting. Any export of technology that is on the USML is considered a defense service and must be approved by the US Department of State. EAR controls the export of technologies that are not on the USML or defense services. These items are classified as “dual-use” and are placed on the Commerce Control List (CCL). Export of technologies that are on the CCL requires a license from the Bureau of Industry and Security (BIS). This license must be obtained prior to exporting, so it is important to check the CCL and make sure the technology you are exporting is not covered before you go ahead with the export. There are also certain technologies that are prohibited from being exported, such as those related to nuclear, chemical, and biological weapons, as well as military technologies. Exporting these kinds of technologies without a license is a violation of the law and can result in severe penalties, including criminal charges. To ensure that your export of technology is in compliance with the laws of Washington, it is important to be aware of both ITAR and EAR and get the required licenses to export any technology that is on the USML or CCL.
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