Aircraft Export Controls: Rules of the Sky

Exporting an aircraft or its parts is legal and common, but it runs through two control regimes — the EAR for civil aircraft and ITAR for military aircraft — plus restricted-party screening, an electronic export filing, and the Russia and Belarus controls that remain in force. Most civil aviation sales need no license, yet the wrong destination or buyer can change that overnight. Here is the framework, with the rules to re-verify before each deal.

EAR or ITAR: which regime applies

The first question is whether your aircraft is civil or military. Civil and commercial aircraft, engines, and parts are generally controlled under the Export Administration Regulations (EAR), administered by the Bureau of Industry and Security (BIS). Military aircraft and defense-related parts fall under the International Traffic in Arms Regulations (ITAR), administered by the State Department’s Directorate of Defense Trade Controls, and appear on Category VIII of the U.S. Munitions List. The distinction drives everything: classification, who you apply to for a license, and how strict the rules are. When an item could plausibly sit in either regime, get a classification opinion before you ship. For the underlying mechanics, see our introduction to export controls.

The filing every exporter makes

Most permanent exports of aircraft to a foreign buyer require an Electronic Export Information (EEI) filing through the Automated Export System (AES). The filing is generally required when a commodity line exceeds $2,500, and at any value when a license is required, and it must be submitted before the aircraft departs. Skipping or fumbling the filing is one of the most common — and most avoidable — export violations.

Licensing and screening

For civil aircraft going to most destinations, a license often is not required under the EAR. The exceptions are what matter:

• Sanctioned or embargoed countries, where a license may be required or the deal prohibited outright
• Restricted parties — buyers, end users, or intermediaries on the Entity List, Denied Persons List, Specially Designated Nationals (SDN) List, or similar
• Sensitive end uses, such as military or weapons-related applications

Screen every party to the transaction against the government lists, and re-screen when parties change. A clean item to a clean country can still be barred because of who is on the other end.

Russia and Belarus: controls still in force

Aviation is at the center of the U.S. response to Russia’s invasion of Ukraine, and those controls remain in effect and have been expanded through successive rules. Aircraft and aviation parts destined for Russia (and, in parallel, Belarus) are subject to broad license requirements. Critically, the reach extends beyond U.S.-made planes: a foreign-produced aircraft that contains more than 25% controlled U.S.-origin content by value is subject to the EAR for these purposes, and subsequent servicing, maintenance, refueling, and parts supply for listed aircraft can themselves be prohibited. If Russia or Belarus is anywhere in your transaction — including downstream service — treat it as a stop-and-verify situation.

A workable compliance routine

The aviation exporters who stay out of trouble do the same things every time: classify the aircraft or part (EAR ECCN or ITAR USML), confirm the destination’s rules, screen all parties, file the EEI in AES before departure, and keep the records that prove reasonable care. Where Russia, Belarus, or any sanctioned destination touches the deal, get a control determination in writing first. Build the check into your process rather than improvising per sale.

Frequently asked questions

Do I need a license to export a civil aircraft? Often not, for most destinations under the EAR — but “often not” is not “never.” A license can be required by the destination, the parties involved, or the end use, and sanctioned countries change the answer entirely. Classify the item and run the destination and party checks before assuming you can ship license-free.

Is the AES filing really required for aircraft? Yes, in most cases. Permanent exports to a foreign buyer generally require an Electronic Export Information filing in AES — when a commodity line tops $2,500, and at any value when a license is required — submitted before the aircraft leaves. It is a routine but mandatory step.

Can I still service or sell parts for an aircraft connected to Russia? Be very careful. The Russia and Belarus controls reach not just sales but maintenance, repair, refueling, and parts supply for covered aircraft, and they extend to certain foreign-made aircraft with significant U.S. content. Confirm the current rule and the specific aircraft’s status before providing any service.

Exporting an aircraft or parts? Reidel Law Firm helps aviation exporters classify items, screen parties, file correctly, and navigate the Russia and Belarus controls. Learn more about our international trade practice, or start with a flat-fee import/export compliance memo. Get an import/export compliance memo →