C.F.R. » Title 15 » CHAPTER VII—BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE › SUBCHAPTER C—EXPORT ADMINISTRATION REGULATIONS › PART 730—GENERAL INFORMATION

15 C.F.R. § 730.3

“Dual use” and other types of items subject to the EAR

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The term “dual use” is often used to describe the types of items subject to the EAR. A “dual-use” item is one that has civil applications as well as terrorism and military or weapons of mass destruction (WMD)-related applications. The precise description of what is “subject to the EAR” is in § 734.3, which does not limit the EAR to controlling only dual-use items. In essence, the EAR control any item warranting control that is not exclusively controlled for export, reexport, or transfer (in-country) by another agency of the U.S. Government or otherwise excluded from being subject to the EAR pursuant to § 734.3(b) of the EAR. Thus, items subject to the EAR include purely civilian items, items with both civil and military, terrorism or potential WMD-related applications, and items that are exclusively used for military applications but that do not warrant control under the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 et seq.).

[78 FR 22705, Apr. 16, 2013]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2013–2025 · leading case: Epsilon Elec., Inc. v. United States Dep't of the Treasury, 857 F.3d 913 (D.C. Cir. 2017).
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Epsilon Elec., Inc. v. United States Dep't of the Treasury, 857 F.3d 913 (D.C. Cir. 2017). · cites it 2× “See 15 C.F.R. § 730.3 . The Iranian transaction regulations do not expressly incorporate this EAR definition, but they often refer to the EAR.”
Ross-Hime Designs, Inc. v. United States, 109 Fed. Cl. 725 (Fed. Cl. 2013). “6 See 15 C.F.R. § 730.3 (discussing “dual-use” items and the scope of the EAR); id.”
United States v. Peter Sotis, 89 F.4th 862 (11th Cir. 2023). “See 15 C.F.R. § 730.3 . Commerce lists “the most sensitive items sub- ject to EAR controls on the Commerce Control List.”
United States v. Horvath (D.D.C. 2025). “1 § 4811(1), the EARs have a wide ambit, generally regulating “any item warranting control that is not exclusively controlled for export, reexport, or transfer (in-country) by another [federal] agency,” 15 C.F.R. § 730.3 . The EARs provide that the export, reexport, and…”
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