Looking through a Glass Onion: Demystifying the Definition of "Knowledge" under the US EAR

In an era marked by geopolitical tensions and fierce competition over artificial intelligence (AI) and technologies of the future, export controls have become both a key national security policy tool for the US government and a central compliance risk for many companies. Following a flurry of new rules, enforcement comes next. In accordance with the US government’s goal to make export controls simpler and more effective, enforcement risk under the Export Administration Regulations (EAR) increasingly turns on a multilayered definition of “knowledge.”

Brent Carlson and Michael Huneke explore the concept as defined by EAR, likening it to a “glass onion”—seemingly intricate but transparent once understood. They delve into the elements of “knowledge,” from actual knowledge to the “awareness of a high probability” standard, and how these layers impact enforcement risks and compliance strategies. At its heart, the EAR’s full definition of “knowledge” stands out for its simplicity and clarity.

The authors provide a timely resource to help navigate the challenging landscape of export controls amid recent shifts in US policy, inquiries and calls to action by the US Congress, and heightened enforcement activity. They highlight the importance of a fresh perspective for robust compliance frameworks to mitigate increasing enforcement risks—driven by new geopolitical realities—with actionable and practical insights.

The article was featured on the cover of Dow Jones’ April 2025 WorldECR journal. (subscription required)