Ear us export controls

The export control provisions of the EAR are intended to serve the national security, foreign policy, nonproliferation, and short supply interests of the United States and, in some cases, to carry out its international obligations. While most customer data is not considered “technology” or “technical data” subject to EAR export controls, Microsoft in-scope cloud services are structured to help customers manage and significantly mitigate the potential export control risks they face. (i) The item is controlled for a reason indicated in the applicable Export Control Classification Number (ECCN), andYou may not sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any item subject to the EAR and exported or to be exported with knowledge that a violation of the Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued thereunder has occurred, is about to occur, or is intended to occur in connection with the item. You may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.With a few exceptions, the EAR define "export" to mean:You may not, without a license or License Exception, export any item subject to the EAR to another country or reexport any item of U.S.-origin if each of the following is true:The EAR have very broad application. Items subject to the EAR may require a license prior to export, reexport, or transfer (in-country). Bureau of Industry and Security Through the Export Controls Act of 2018 (ECA), the Arms Export Control Act (AECA), § 730 et seq. All ECCNs are listed in the Commerce Control List (CCL) (Supplement No.

Administered by the US Department of State, they impose controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items (also known as “defense articles”), including related technical data.The US Commerce Department, which enforces the EAR, has taken the position that customers, not cloud service providers such as Microsoft, are considered to be exporters of their own customer data.

The U.S. also participates in various multilateral export control regimes to prevent the proliferation of weapons of mass destruction and prevent destabilizing accumulations of conventional weapons and related material. Most of the products, services, and technologies that fall within the scope of the Export Administration Regulations (EAR) are not specifically controlled for export, and are given the classification of EAR99. Additionally, you may not, without a license or license exception, reexport or export from abroad any ECCN 0A919 commodities (foreign-made military commodities) that meet the direct product test to a destination in Country Group D:1, D:3, D:4, D:5, E:1, or E:2. EAR Export Administration Regulations ECCN Export Classification Control Number (EAR) ECMP Export Compliance Management Program Nor may you rely upon any license or License Exception after notice to you of the suspension or revocation of that license or exception.Under General Prohibition 3, you may not, without a license or license exception, reexport any item that meets the direct product test to a destination in Country Group D:1, E:1, or E:2 (See supplement no.1 to part 740 of the EAR). (ii) Export to the country of destination requires a license for the control reason as indicated on the Country Chart at part 738 of the EAR.You may not violate terms or conditions of a license or of a License Exception issued under or made a part of the EAR, and you may not violate any order issued under or made a part of the EAR.Items that are listed on the CCL are organized according to alpha-numeric designations called "Export Control Classification Numbers" (ECCNs). Consult the EAR or legal counsel to determine the appropriate license type and eligible countries for export purposes.Overview of US export controls and guidance for customers assessing their obligations under the EAR.The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. The EAR controls certain exports, reexports, or in-country transfers of purely commercial items, items that have both commercial and military applications (i.e., “dual-use” items), and less sensitive military items.

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