CMMCDocs.comEAR
Also known as: Export Administration Regulations
Export Administration Regulations — U.S. Commerce Department rules governing the export of dual-use technologies. EAR-controlled technical data may also qualify as CUI.
The Export Administration Regulations (EAR) are U.S. Department of Commerce regulations that control the export and re-export of dual-use items — goods, software, and technology that have both commercial and potential military applications. Items subject to EAR are listed on the Commerce Control List.
Unlike ITAR (which is administered by the State Department and covers items with primarily military applications), EAR covers a broader range of commercial and dual-use items. Some EAR-controlled technical data also qualifies as Controlled Unclassified Information (CUI) under the CUI program, which means defense contractors handling certain EAR data are subject to DFARS 252.204-7012's safeguarding requirements.
For CMMC purposes, EAR-controlled technical data should be evaluated case-by-case to determine whether it qualifies as CUI. If it does, it must be handled in accordance with NIST SP 800-171 Rev 2 and the contractor needs CMMC Level 2 certification.
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