ITAR and EAR: US Export Control Regimes

ITAR and EAR

The two primary US federal regimes restricting the export of controlled items, software, technology, and technical data to foreign persons or destinations. The International Traffic in Arms Regulations (ITAR, 22 CFR 120-130) are administered by the State Department's Directorate of Defense Trade Controls (DDTC) and cover defense articles, services, and technical data on the US Munitions List (USML). The Export Administration Regulations (EAR, 15 CFR 730-774) are administered by the Commerce Department's Bureau of Industry and Security (BIS) and cover dual-use items (civil plus military/WMD-related applications) on the Commerce Control List (CCL), classified by an Export Control Classification Number (ECCN). A given controlled item or technical data set falls under one regime or the other, determined by its classification, not by the institution's general research posture.

ByCASRAI Editorial Board

· Last updated 15 Aug 2026

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Worked examples

Is an instance

A piece of dual-use laboratory instrumentation or specialized software with both civilian and military applications is generally governed by the EAR, classified against the Commerce Control List with an ECCN, and administered by BIS.

Is an instance

Technical data tied to a defense article on the US Munitions List (for example, certain guidance, propulsion, or sensor technologies) falls under ITAR and is administered by the State Department's DDTC, regardless of whether the university itself holds a defense contract.

Looks similar, but isn't

Not an instance

Basic or applied research intended for open publication, involving no defense article, no dual-use item, and no sponsor-imposed publication or access restriction, generally falls outside both EAR and ITAR entirely under the fundamental research exclusion built into each regulation.

Not an instance

Country- or entity-based sanctions programs administered by the Treasury Department's Office of Foreign Assets Control (OFAC) are a related but distinct set of US restrictions -- they govern transactions with sanctioned countries, persons, or entities, not the classification of specific defense or dual-use items the way EAR and ITAR do.

ITAR and EAR are the two parallel US federal regimes that most commonly apply to export control in a research setting, and are frequently referenced together because a given controlled item, technology, or technical data set falls under one or the other — not both. The International Traffic in Arms Regulations (ITAR), codified at 22 CFR Parts 120–130, are administered by the Department of State’s Directorate of Defense Trade Controls (DDTC) and control defense articles, defense services, and related technical data listed on the US Munitions List (USML). The Export Administration Regulations (EAR), codified at 15 CFR Parts 730–774, are administered by the Department of Commerce’s Bureau of Industry and Security (BIS) and control “dual-use” items — those with civil applications as well as military, terrorism, or weapons-of-mass-destruction-related applications — listed on the Commerce Control List (CCL) and classified by an Export Control Classification Number (ECCN).

Jurisdiction is item-specific, not institution-specific: a research institution with no defense contracts at all can still be handling ITAR-controlled technical data if a piece of equipment, software, or specification it uses is on the USML, and can separately be handling EAR-controlled dual-use items unrelated to that. Research institutions typically maintain an export control office (with a designated Empowered Official for ITAR matters) to make jurisdictional and classification determinations rather than leaving the call to individual researchers. Both regulations build in a fundamental research exclusion, rooted in NSDD-189 (1985), for basic and applied research intended for open publication — which is why most federally funded university research never triggers either regime in the first place. See Fundamental research exemption for how that exclusion works and what forfeits it, Deemed export for how EAR/ITAR apply to foreign nationals working inside a US lab, and Export-controlled research for the broader operational definition of when a project is controlled at all. The practical compliance steps for running an international collaboration under EAR/ITAR — classification review, restricted-party screening, contract-clause review, and Technology Control Plans — are covered in the guide Export Control (EAR/ITAR) and International Research Collaboration.

References

Export Administration Regulations, 15 CFR Parts 730–774, administered by the Bureau of Industry and Security, US Department of Commerce.
International Traffic in Arms Regulations, 22 CFR Parts 120–130, administered by the Directorate of Defense Trade Controls, US Department of State.

Frequently Asked Questions

What is the difference between ITAR and EAR?

ITAR (22 CFR Parts 120–130) is administered by the US Department of State’s Directorate of Defense Trade Controls and controls defense articles, defense services, and technical data listed on the US Munitions List. EAR (15 CFR Parts 730–774) is administered by the Department of Commerce’s Bureau of Industry and Security and controls “dual-use” items — those with civil as well as military, terrorism, or weapons-of-mass-destruction-related applications — listed on the Commerce Control List. A given controlled item, technology, or technical data set falls under one regime or the other, not both.

What do ITAR and EAR stand for?

ITAR stands for the International Traffic in Arms Regulations, and EAR stands for the Export Administration Regulations. Both are US federal export-control regimes, but they are administered by different agencies and cover different categories of items.

How are items classified under ITAR versus EAR?

Items controlled under ITAR are listed on the US Munitions List. Items controlled under EAR are listed on the Commerce Control List and assigned an Export Control Classification Number (ECCN). A research institution’s export control office typically makes this jurisdictional and classification determination rather than leaving it to individual researchers.

Can a research institution be subject to ITAR or EAR even without a defense contract?

Yes. Jurisdiction under both regimes is item-specific, not institution-specific. A research institution with no defense contracts at all can still be handling ITAR-controlled technical data if a piece of equipment, software, or specification it uses is on the US Munitions List, and can separately be handling EAR-controlled dual-use items unrelated to that.

Does the fundamental research exclusion apply to both ITAR and EAR?

Yes. Both regulations build in a fundamental research exclusion, rooted in NSDD-189 (1985), for basic and applied research intended for open publication, which is why most federally funded university research never triggers either regime in the first place. See Fundamental research exemption for how that exclusion works and what forfeits it.

Who determines whether a project is subject to ITAR or EAR?

Research institutions typically maintain an export control office, including a designated Empowered Official for ITAR matters, to make jurisdictional and classification determinations rather than leaving the call to individual researchers. See Export-controlled research for the broader operational definition of when a project is controlled at all.

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