Two Regimes, One Question
Every item, software, or technology that the United States controls for export falls under one of two primary regulatory frameworks: the International Traffic in Arms Regulations (ITAR), administered by the State Department's Directorate of Defense Trade Controls (DDTC), or the Export Administration Regulations (EAR), administered by the Commerce Department's Bureau of Industry and Security (BIS).
The first and most critical step in any export compliance process is jurisdictional determination — deciding which set of regulations governs your item. Getting this wrong is not a minor technicality; it can result in civil penalties up to $500,000 per violation under ITAR or criminal penalties including imprisonment.
ITAR: The U.S. Munitions List
ITAR controls defense articles and defense services listed on the United States Munitions List (USML), which contains 21 categories (I through XXI). Items on the USML are inherently military in nature — firearms, ammunition, military aircraft, missiles, warships, military electronics, and related technical data. ITAR requires a license (typically a DSP-5 or DSP-73) for virtually all exports, regardless of destination country.
ITAR is stricter than EAR in several important ways: there are no license exceptions, the controls apply to all countries (even close allies), and the regulations cover not just physical items but also technical data, including verbal discussions with foreign nationals (the so-called "deemed export" rule under ITAR).
EAR: The Commerce Control List
EAR controls dual-use items — products that have both civilian and potential military applications. These are listed on the Commerce Control List (CCL) and classified with ECCNs. EAR is generally more flexible than ITAR, offering numerous license exceptions (such as TMP, STA, ENC, and GOV) and allowing license-free exports to many allied countries.
The EAR also controls certain military items that were moved from the USML to the CCL during the Export Control Reform (ECR) initiative. These are found in the 600-series ECCNs (e.g., 0A606 for ground vehicles, 9A610 for military aircraft) and maintain stricter controls than typical dual-use items.
How to Make the Determination
Start by checking the USML. If your item is described in any of the 21 USML categories, it is ITAR-controlled. If the item is not on the USML, check the CCL for an applicable ECCN. If no ECCN applies, the item is classified as EAR99. When in doubt, you can submit a Commodity Jurisdiction (CJ) request to DDTC for an official determination.