Foreign Direct Product Rules

What this guide settles

• No US part needed: technology or software subject to the EAR, or production equipment with the right lineage, can bring a foreign-produced item under the EAR
• Every rule has two tests — product scope and destination or end-user scope — and both must come from the same rule
• Look upstream: the plant route reaches items through the equipment that made them, if the item is within the rule’s product scope
• “Subject to the EAR” is not “licence required”: name the provision tied to the rule, then check exclusions and exceptions

What you get

• The guide: explanations, method, conditions and limits
• Worked examples: the rules of §734.9 at a glance, a commented real case and ten pitfalls
• Tools printed in the guide: four templates and a readiness check
• Sources with section references and their verification date
• Revisions included for 12 months

Printed tools: T1 · Production lineage map · T2 · FDP screening matrix · T3 · FDP determination record · T4 · Certifications and review triggers · Readiness check

Contents

1. Before you start: scope and limits
2. Why foreign direct product rules catch foreign products
3. The rule in one page
4. The rules at a glance
5. The method in six steps
6. Templates T1 to T4
7. Ten pitfalls
8. Case study: the last stage was not enough
9. Readiness check

What it does not cover

• Advanced computing, supercomputer, semiconductor equipment and AI rules in depth
• A full Russia, Belarus or Iran review, including OFAC sanctions
• Ownership questions under the Entity List and the Affiliates Rule

Assumed knowledge. Knowing whether the item is US-origin or foreign-made, how technology, software and items are classified, and how the de minimis rule works.

Sample pages

Open an image for the full-size page.

Where it connects

Part of a collection

Foreign Direct Product Rules is one of the eight guides of EAR: Scope, Licensing & Exceptions (Understand the Rules), available together at €390 instead of €89 each.