Practice area

ITAR & EAR — US regulations

Master the extraterritorial reach of US rules over your products and collaborations.

When US law reaches into Europe

US regulations — ITAR for defence items, EAR for dual-use and commercial goods — apply beyond US borders. A US-origin component, technology or a product made using US technology can 'contaminate' an entire European product.

A recent BIS order against a major European group for components classified EAR99, under the Foreign-Produced Direct Product Rule, shows that even items deemed low-sensitivity can carry major liability.

How I help

Contamination analysisIdentify ITAR/EAR content in your products and collaborations.
De minimisAssess the share of US content and its reexport consequences.
US licensingApplications and management; articulation with French and EU law.
StructuringDesign structures limiting exposure to US rules.

FAQ

Am I subject to the EAR from France?

Possibly: the EAR follows US-origin goods and technologies, and certain products made with US technology.

What is contamination?

When US-origin content subjects all or part of a product to US reexport rules.

Does EAR99 mean free to export?

No: an EAR99 item may still require authorisation depending on destination, end-user or use.

Related areas

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