Federal Agencies Regulating Export Controls

Department of Commerce

  • Export Administration Regulations (EAR)
  • Under the Export Administration Regulations (EAR), 15 CFR Parts 730‐774, the Department of Commerce, Bureau of Industry and Security (BIS), regulates the export and re‐export of commercial and dual use (commercial and military/security applications) items, including encrypted software, identified on the Commodity Control List (CCL), 15 CFR 774 Supplement 1.Things to Remember:
    • Items not designated on the USML or the CCL are classified as EAR99.
    • The CCL is destination based and export or re‐export of both ECCN designated items and EAR99 items are controlled based upon the country of destination.
    • Complete versions of the EAR and CCL are available at: http://www.bis.doc.gov/policiesandregulations/index.htm

Department of State

  • International Traffic in-Arms Regulations (ITAR)
  • Under the International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120‐130, Department of State Directorate of Defense Trade Controls (DDTC) administers the export and re‐export of defense articles, defense services and related technical data from the United States to any foreign destination, or to any foreign person, whether located in the United States or abroad.  Section 121.1 of the ITAR contains the United States Munitions List (“USML”) and includes the commodities and related technical data and defense services controlled for export purposes. The ITAR controls not only end items, such as radar and communications systems, military encryption, and associated equipment, but also the parts and components that are incorporated into the end item. Certain non‐military items, such as commercial satellites, and certain chemical precursors, toxins, and biological agents, are also controlled.Things to Remember:
    • Articles should first be reviewed for ITAR designations; if the article does not appear on the USML then the article should be reviewed for Export Administration Regulations (EAR) designations.
    • If an USML article is incorporated into a larger article, then the larger article becomes controlled under ITAR.
    • ITAR is article based: No article on the USML can be exported without a license or exemption.
    • Arms Embargo: No article on the USML may be exported under a license or license exemption to countries proscribed in 22 CFR § 126.1.
    • Complete versions of the ITAR and USML are available on the DDTC Website.

Department of Treasury

Department of Homeland Security