Two Regulatory Regimes
U.S. export controls operate under two primary regulatory frameworks. The International Traffic in Arms Regulations (ITAR), administered by the State Department's Directorate of Defense Trade Controls (DDTC), controls defense articles and services on the United States Munitions List (USML). The Export Administration Regulations (EAR), administered by the Commerce Department's Bureau of Industry and Security (BIS), controls dual-use items on the Commerce Control List (CCL).
The first and most critical step in any export control analysis is determining which regime applies to your item. Getting this wrong can result in serious violations — exporting an ITAR-controlled item under EAR procedures is a violation of both regulatory frameworks.
Key Differences
ITAR controls are generally more restrictive than EAR controls. ITAR requires registration with DDTC, uses different license forms (DSP-5, DSP-73, TAA), and has stricter foreign person restrictions. The EAR uses ECCN-based classification with the Country Chart to determine license requirements and offers numerous license exceptions.
ITAR controls defense articles based on design intent and military functionality. The EAR controls dual-use items based primarily on technical parameters and thresholds. An item can be commercially available and still be ITAR-controlled if it is specifically described on the USML.
How to Determine Jurisdiction
Start by checking whether your item is specifically described on the USML (22 CFR §121.1). Review all 21 USML categories for relevance. If the item is on the USML, it is ITAR-controlled. If the item was transferred from the USML to the CCL under Export Control Reform, it now has a 600-series ECCN and is EAR-controlled.
If there is any ambiguity about jurisdiction, you may submit a Commodity Jurisdiction (CJ) request to DDTC under §120.4 of the ITAR. The CJ determination is the definitive answer for borderline items.