The Olam
Regulatory framework

EAR (Export Administration Regulations)

The US Export Administration Regulations — administered by the Bureau of Industry and Security (BIS) within the Department of Commerce — govern the export, re-export, and transfer of dual-use commercial and military items, software, and technology of US origin or containing US-origin content above defined thresholds.

EAR runs through several mechanisms. The Commerce Control List (CCL) categorizes controlled items by Export Control Classification Number (ECCN), with each ECCN defining controlled destinations, end-uses, and end-users. The de minimis threshold sets the percentage of US-origin content above which a foreign-made item is treated as US-origin for re-export purposes — generally 25% for most destinations, lower for embargoed destinations. The Foreign Direct Product Rule extends EAR jurisdiction over certain foreign-made products produced using US-origin technology or software, even where the finished product contains no US-origin physical content. The Entity List and adjacent restricted-party lists identify specific foreign entities to which US-origin items cannot be exported without specific authorization.

For Israeli industry, EAR shapes third-party export of Israeli systems incorporating US-origin technology. Israeli defense and dual-use manufacturers typically design systems in two configurations — one with US-origin components for the US and adjacent markets, one designed to be "ITAR-free" or "EAR-light" for export to markets where US authorization would be slow, conditional, or unavailable.

The EAR framework controls US-origin dual-use commercial technology; the parallel ITAR framework governs defense articles on the US Munitions List.

Sources: US Bureau of Industry and Security; Export Administration Regulations text; published trade-compliance commentary. Data current as of Q2 2026.

Read Next in The Olam: Strategic Technology Trade · The US Export-Control Regime and Israeli Dual-Use Technology · ITAR · Foreign Direct Product Rule · De minimis threshold