Export Obligation

Export Obligation and Determination of Applicability

The following five types of facts determine obligations under the Ten General Prohibitions and the Export Administration Regulations (EAR):

(1) Classification of the item
The classification of the item on the Commerce Control List

(2) Destination
The country of ultimate destination for our exports or reexports.

(3) End-user
The ultimate end-user.

(4) End-use
The ultimate end-use.

(5) Conduct
Conduct such as contracting, financing, and freight forwarding in support of a proliferation project.


1. Export and reexport of controlled items to listed countries. (Exports and Reexports)

2. Reexport and export from any U.S. overseas subsidiaries of products that have a U.S. content to the countries listed above. (Parts and Components Reexports). U.S. subsidiaries overseas cannot export any U.S. made or sourced product or part to the countries listed above.

3. Reexport and export from any U.S. overseas subsidiaries of systems, software, materials and spare parts produced with U.S. technical collaboration, to the countries listed above. (Foreign-Produced Direct Product Reexports).

4. Engaging in actions prohibited by a denial order (Denial Order). No action may be taken that is prohibited by a denial order. These orders prohibit many actions in addition to direct exports to the person denied export privileges. The Denied Persons List is a part of the Blacklist Screening.

5. Export or reexport for prohibited end-uses or to end-users (End-Use End-User). A U.S. person may not, without a license, knowingly export or reexport any item for the end-use in the design, development, production or use of any nuclear explosive devices, missiles, chemical or biological weapons or to an end-user that engages in such activities

6. Export or reexport to embargoed destinations (Embargo)

7. Support of Proliferation Activities (U.S. Person Proliferation Activity). A U.S. person may not engage in activities, such as, financing, contracting, service, support, transportation, freight forwarding, or employment that are known to assist in certain proliferation activities, without an export license.

8. In transit shipments and items to be unladen from vessels or aircraft (Intransit). Shipping in transit. No U.S. exports or reexports must pass through, or transit through, a country listed in (6) above

9. Violation of any order, terms, and conditions (Orders, Terms, and Conditions). A U.S. person may not violate terms or conditions of a License or of a License Exception and any order issued under or made part of U.S. government regulations.

10. Proceeding with transactions with knowledge that a violation has occurred or is about to occur (Knowledge Violation to Occur). A U.S. person may not sell, transfer, export, reexport, cause to be exported, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any U.S. products with knowledge that a violation of a government regulation is about to occur, or is intended to occur in connection with the transaction.