Export controls

U.S. export and reexport controls apply to technical data and software exported physically as well as via the Internet, e-mail, foreign access to host computers, and any other electronic means of transferring data or software. Both the Department of Commerce ("DOC") and Department of State ("DOS") export control regulations must be considered in designing an export controls provision.

The DOC administers the Export Administration Regulations ("EAR"). Most commercial products are under the jurisdiction of the EAR. All U.S. exports require a general or validated license prior to export under the EAR. A general license is self-executing. A validated license is a specific license obtained by application to the DOC. Export control classifications for products, including software, indicate whether a general license is available and any destination restrictions. Most mass-market software may be exported under a general license to key market countries.