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The ITAR regulations are Title 22, Chapter I, Subchapter M of the Code of Federal Regulations: Parts 120 through 130, each doing a separate job in the U.S. system for controlling defense articles, technical data and defense services. This guide maps the Parts in the order a decision moves through them. It reflects the eCFR text current as of 2026-10-27. Regulations are amended often, so check the current text before relying on any figure below.
What the ITAR regulations are and who runs them
Under 22 CFR 120.1(a), Section 38 of the Arms Export Control Act (22 U.S.C. 2778) authorizes the President to control the export and import of defense articles and defense services. That authority is delegated to the Secretary of State by Executive Order 13637, and the Secretary delegates administration to the Deputy Assistant Secretary of State for Defense Trade Controls in the Bureau of Political-Military Affairs. In practice that office is the Directorate of Defense Trade Controls (DDTC), which receives registrations, license applications and agreements.
This guide does not repeat the definitions in Part 120 or the category list in Part 121; those have their own pages: 22 CFR Part 120 purpose and definitions and the U.S. Munitions List. The comparison with the Commerce rules is in ITAR vs EAR.
What each Part of 22 CFR 120-130 covers
| Part | eCFR heading | What it governs |
|---|---|---|
| 120 | Purpose and Definitions | Subpart A general information, Subpart B general policies and processes, Subpart C definitions. |
| 121 | The United States Munitions List | The list of defense articles and related technical data that the rest of the Parts apply to. |
| 122 | Registration of Manufacturers and Exporters | Who must register with DDTC, the Statement of Registration (Form DS-2032) and registration fees. |
| 123 | Licenses for the Export and Temporary Import of Defense Articles | Approval before an export or temporary import, with forms DSP-5, DSP-73, DSP-61 and DSP-85 named in 123.1(a). |
| 124 | Agreements, Off-Shore Procurement, and Other Defense Services | Prior written approval of manufacturing license, technical assistance, distribution and off-shore procurement agreements, and of furnishing defense services. |
| 125 | Licenses for the Export of Technical Data and Classified Defense Articles | Controls on technical data and classified articles; information in the public domain is not subject to these controls (125.1(a)). |
| 126 | General Policies and Provisions | Including 126.1, the policy of denying licenses and approvals for certain countries. |
| 127 | Violations and Penalties | What is unlawful, civil penalties and voluntary disclosure. |
| 128 | Administrative Procedures | Begins by excluding Secretary of State licensing, exemption and revocation decisions from the Administrative Procedure Act. |
| 129 | Registration and Licensing of Brokers | Brokering: registration, a fee and a license under Arms Export Control Act section 38(b)(1)(A)(ii). |
| 130 | Political Contributions, Fees and Commissions | Implements Arms Export Control Act section 39(a) (22 U.S.C. 2779), reporting on certain payments relating to sales of defense articles and services. |
Who must comply: the registration test
Who is eligible for ITAR, and who must register?
ITAR is not a status a company applies for; it applies to activity. Under 22 CFR 122.1(a), any person who engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, or furnishing defense services, is required to register with DDTC. Engaging in that business “requires only one occasion”, and a manufacturer that does not export must still register. Registration is also a precondition for asking permission: an applicant for a Part 123 license must be registered under Part 122 (123.1(a)).
Section 122.1(b) lists exemptions from registration, including U.S. Government officers and employees acting officially, persons whose business is confined to production of unclassified technical data only, and persons who fabricate articles solely for experimental or scientific purposes, including research and development.
Is ITAR restricted to U.S. citizens?
No. The regulation draws the line between a U.S. person and a foreign person, not by citizenship. Under 120.62 a U.S. person includes a lawful permanent resident or a protected individual as defined by 8 U.S.C. 1324b(a)(3), plus entities incorporated to do business in the United States and governmental entities. Under 120.63 a foreign person is any natural person who is not a lawful permanent resident or protected individual, plus foreign entities and governments. Access questions for staff and students are worked through in U.S. person status and foreign national access.
What is required to be ITAR compliant?
The regulations impose duties rather than a certificate. Reading the Parts together, the duties are: register if you are in scope (Part 122); obtain DDTC approval before exporting, temporarily importing or furnishing defense services unless an exemption applies (Parts 123, 124, 125); follow every term and condition of a license, approval or exemption (127.1(b)(1)); and respect the country policy in 126.1. A person who holds a license or acts under an exemption is also responsible for the acts of employees, agents, brokers and others entrusted with the defense article, including abroad (127.1(c)). The empowered official role is covered in empowered officials under ITAR.
How do I know if I am ITAR compliant?
The regulations are written as duties. A practical test drawn from them is whether each activity you perform that touches a Part 121 item has the registration, license or written approval that Parts 122 to 125 require, and whether you are operating within its terms. Where an exemption is used, 127.1(b)(1) makes breaking its conditions a violation, and 126.1(a) bars exemptions for transfers to or from proscribed countries, areas or persons, with narrow listed exceptions.
Compliance steps in the order the Parts apply
- Classify. Decide whether the item or technical data is on the U.S. Munitions List (Part 121).
- Register. If you manufacture, export or temporarily import defense articles, or furnish defense services, file a Statement of Registration and pay the fee (Part 122).
- Get the approval that fits the activity. A license for hardware (Part 123), for technical data (Part 125), or an agreement and approval for defense services (Part 124). Unclassified applications under 123.1 are filed electronically; classified ones on paper.
- Check the country. Section 126.1 states a policy of denial for certain countries, and exemptions cannot be used for them.
- Broker separately. Brokering has its own registration and license requirement (Part 129).
- Stay within the terms and disclose problems. Part 127 defines violations, penalties and voluntary disclosure.
Registration fees under 122.3 are tiered: a set fee of $3,000 a year for new registrants (Tier 1), $4,000 for certain renewing registrants with five or fewer favorable determinations (Tier 2), and $4,000 plus $1,100 for each favorable determination above five (Tier 3), as shown in the eCFR on 2026-10-27.
Typical timeline phases
The regulations set no single end-to-end schedule, so the phases below follow the order of the Parts rather than fixed durations. Phase one is classification. Phase two is registration, which must be in place before any Part 123 application. Phase three is the license or agreement stage, and under 124.1(a) an agreement may not enter into force without prior written approval. Phase four is operation within the approved terms. Phase five is renewal of registration, where the fee tier depends on favorable determinations in the 12-month period ending 90 days before the registration expires (122.3).
What constitutes an ITAR violation?
Section 127.1 lists the violations. Without first obtaining the required license or written approval, it is unlawful to export or attempt to export a defense article or technical data, or furnish a defense service; to reexport or retransfer; to import a defense article when a license is required; to conspire to do any of these; or to possess a defense article with intent to export it in violation of 22 U.S.C. 2778 and 2779 (127.1(a)). Separately, it is unlawful to violate the terms of a license, approval or exemption; to broker without registration and license; and to manufacture or export, or furnish defense services, without complying with registration (127.1(b)).
For each violation of 22 U.S.C. 2778, 127.10(a)(1) allows a civil penalty not exceeding the greater of $1,271,078 or twice the value of the transaction, as shown in the eCFR on 2026-10-27. The amount is adjusted periodically, and the penalty may be in addition to, or in lieu of, any other liability. Under 127.12(a) the Department strongly encourages voluntary disclosure, may treat it as a mitigating factor, and treats failure to report a violation as an adverse factor.
Common mistakes the text points to
- Assuming a manufacturer that never exports need not register. Section 122.1(a) says it must.
- Treating one-off activity as out of scope. Registration and brokering rules each apply after a single occasion (122.1(a), 127.1(b), 129.2(b)).
- Treating public-domain information as controlled, or the reverse. Part 125 states that information in the public domain is not subject to its controls; the term is defined in 120.34.
- Using an exemption outside its conditions. Breaking an exemption’s terms is itself a violation (127.1(b)(1)), and exemptions cannot be used for 126.1 countries.
- Forgetting downstream responsibility. The license holder answers for employees, agents and other recipients (127.1(c)).
Related CASRAI pages
| Page | Use it for |
|---|---|
| ITAR and the U.S. Munitions List | Part 121 categories |
| ITAR and EAR compliance in university research | How the two regimes meet in university research |
| ITAR vs EAR | Side-by-side comparison with the Commerce rules |
| ITAR-compliant cloud storage | Storing technical data in the cloud |
| Empowered official role | Who signs for the organization |
FAQ
What falls under ITAR regulations?
Defense articles, technical data and defense services on the U.S. Munitions List in Part 121, together with the activities of manufacturing, exporting, temporarily importing and brokering them. The category list is on the USML guide.
What is required to be ITAR compliant?
The regulations set duties, not a certificate: register if you are in scope (Part 122), obtain DDTC approval before exporting, temporarily importing or furnishing defense services unless an exemption applies (Parts 123 to 125), and follow every term of the license, approval or exemption (127.1(b)(1)).
How do I know if I am ITAR compliant?
Check that each activity touching a Part 121 item has the registration, license or written approval that Parts 122 to 125 require, and that you operate within its terms. This is a reading of the regulation, not individual legal advice.
What constitutes an ITAR violation?
Exporting, reexporting, importing or furnishing a defense service without the required license or approval, breaking the terms of a license, approval or exemption, brokering or manufacturing without registering, and conspiracy or possession with intent to export (127.1).
Is ITAR restricted to U.S. citizens?
No. The regulation distinguishes U.S. persons, which include lawful permanent residents and protected individuals, from foreign persons (120.62 and 120.63).
Who is eligible for ITAR?
ITAR is not a program people qualify for. It applies to anyone who manufactures, exports, temporarily imports or brokers defense articles, or furnishes defense services, and registration is required after a single occasion of that activity (122.1(a)).
What is an ITAR regulations list?
The closest thing is the Part-by-Part table above, which lists Parts 120 through 130. The list of controlled items is the U.S. Munitions List in Part 121.
Does the ITAR apply to research?
Section 122.1(b) exempts persons who fabricate articles solely for experimental or scientific purposes, including research and development, from registering (persons who qualify remain subject to the license and approval requirements for exports of defense articles and defense services, and may not receive an export license or approval unless registered, per the note to 122.1(b)). See ITAR and EAR in university research.
Sources
- Electronic Code of Federal Regulations, Title 22, Chapter I, Subchapter M (International Traffic in Arms Regulations), Parts 120-130: https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M. Current as of 2026-10-27; checked 2026-10-29. Sections cited: 120.1, 120.62, 120.63, 121.1, 122.1, 122.3, 123.1, 124.1, 125.1, 126.1, 127.1, 127.10, 127.12, 128.1, 129.1, 130.1.
