The ITAR controls defense articles, technical data and defense services described on the U.S. Munitions List (USML). The EAR controls commercial and dual-use items, including those on the Commerce Control List (CCL) and EAR99 items. An item is subject to one or the other, never both, and you find out which by reviewing the USML first. Only once you know the item is subject to the EAR can it have an ECCN.
What is the difference between ITAR and EAR?
The International Traffic in Arms Regulations (ITAR) are administered by the State Department's Directorate of Defense Trade Controls (DDTC). The Export Administration Regulations (EAR) are administered by the Commerce Department's Bureau of Industry and Security (BIS). The two regimes differ at almost every step after jurisdiction is settled:
| ITAR | EAR | |
|---|---|---|
| Regulation | 22 CFR Parts 120–130 | 15 CFR Parts 730–774 |
| Agency | State Department, DDTC | Commerce Department, BIS |
| What it controls | Defense articles, technical data and defense services | Commercial and dual-use items |
| Control list | U.S. Munitions List, 22 CFR 121.1 | Commerce Control List, plus EAR99 items |
| Classification | A USML category; an ITAR item has no ECCN | An ECCN, or EAR99 |
| Licence | Virtually every export of a defense article needs DDTC authorisation, to any country | Depends on the ECCN, the destination, the end use and the end user |
| Licence exceptions | EAR licence exceptions cannot be used | Many items can be exported without a licence or under a licence exception |
The ITAR also requires manufacturers and exporters to register with DDTC, and it controls the sharing of technical data tightly.
Why jurisdiction comes before the ECCN
With those differences, classifying an ITAR item on the CCL by mistake is one of the most serious errors possible. Skipping jurisdiction is on our list of common ECCN classification mistakes for that reason. The gap between the two regimes is large enough that the jurisdiction decision should be documented as carefully as the ECCN itself.
How to tell whether an item is ITAR or EAR
The decision is a review of the USML, in this order:
- Read the USML categories that could describe the item. There are 21, from firearms to spacecraft to military electronics; the overview of the 21 USML categories summarises each one.
- If a USML paragraph specifically names (enumerates) the item, it is ITAR.
- If the item is a part or component that could fall under a catch-all paragraph, apply the ITAR's own "specially designed" definition in § 120.41. Standard parts and items with commercial equivalents are often released.
- If nothing on the USML describes the item, it is subject to the EAR.
The EAR's own Order of Review (Supplement No. 4 to Part 774) starts with exactly this step: check the USML first. For the method applied to real parts, components and manuals, see worked ITAR or EAR examples.
Does military use make an item ITAR?
No. Many items have both civil and military uses, such as cameras, sensors, navigation equipment and composites. Being used by the military does not put an item on the ITAR. The test is whether the USML describes it, and most dual-use items are on the CCL. The difference is set out in more detail in defense articles vs. dual-use items.
Signs that point one way or the other
Signs an item may be ITAR
- It was developed under a defense contract, or to a military specification with no commercial counterpart.
- It is a part or component made for a specific military system, such as an aircraft, a vehicle or a weapon.
- Its performance exceeds what civil markets use, for example radiation hardening beyond commercial needs, or night-vision performance of military grade.
- It is technical data or services about any of the above.
Signs an item is subject to the EAR
- It is sold commercially, in the same form, to civil customers.
- It was developed with no particular military application in mind, or for both civil and military use.
- It is a standard part: a fastener, a common connector, a general-purpose chip.
- A previous commodity jurisdiction determination placed the same item under the EAR.
None of these settles the question alone. They tell you when to read the USML carefully before assuming the EAR applies.
Where 600 series and 9x515 items fit
Export control reform moved many less sensitive military items from the USML to the CCL. They went into 600 series entries such as 0A606 (military vehicles), 9A610 (military aircraft and parts) or 3A611 (military electronics), and spacecraft items went into 9x515. These items are subject to the EAR but controlled more tightly than ordinary commercial items, with limited licence exceptions and special rules for some destinations. Parts "specially designed" for them often fall in their ".x" or ".y" paragraphs. The background is covered in export control reform and the 600 series.
Technical data and technology
The same split applies to information. Technical data for a USML item is ITAR-controlled. Technology for a CCL item is EAR-controlled (product group E). Sharing either with foreign nationals can be an export, even when it happens inside the United States.
What if you still cannot decide?
DDTC will issue a formal determination through a commodity jurisdiction (CJ) request. It is the definitive answer, and it is binding. A BIS classification request cannot decide ITAR jurisdiction, because BIS classifies only items already subject to the EAR. See self-classification vs. a BIS classification request.
After jurisdiction: the ECCN
Once the item is subject to the EAR, classify it on the CCL or conclude that it is EAR99. The steps are in how to find the ECCN for your product, and ECCN number structure explains how to read the code you end up with.
ITAR vs EAR in ECCN.help
The ECCN.help Classification Workflow starts every classification with the ITAR vs. EAR scope check, pre-filled from your description for you to confirm, before any EAR entry is offered. If the answers point to the USML, the tool stops, says so and returns no ECCN.
ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.