What is the difference between ITAR and the EAR?

ITAR controls inherently military items on the U.S. Munitions List and is administered by the State Department’s DDTC. The EAR controls dual-use items on the Commerce Control List and is administered by Commerce’s BIS. Determining which applies to your product is the threshold question.

Do I have to register with DDTC even if I never export?

Yes, if you manufacture defense articles or furnish defense services. The registration requirement is triggered by manufacturing USML items domestically, not only by exporting them.

What counts as technical data under ITAR?

Information required for the design, development, production, or use of a defense article — drawings, specifications, documentation, and similar know-how. Releasing it to a foreign person, even within the United States, is generally an export.

How do I know if my product is on the USML?

Compare it against the 21 USML categories. When the answer is unclear — common for parts and components — you can request a commodity jurisdiction determination from DDTC, which formally decides whether the item is ITAR- or EAR-controlled. Defense trade leaves no room for “we’ll fix it later.” Reidel Law Firm helps companies determine jurisdiction, register with DDTC, structure agreements, and build ITAR compliance programs on flat-fee terms. Get an import/export compliance memo.

INTERNATIONAL TRADE LAW

How to Comply With ITAR: A Practical Guide

Schuyler 'Rocky' Reidel July 14, 2023 5 min read

ITAR compliance starts with one question: is your product, service, or data on the U.S. Munitions List? The International Traffic in Arms Regulations (ITAR) control the export of defense articles and defense services, and they are administered by the D