A question people ask · answered against the Corpus of 2026-08-29
What is the difference between ITAR and EAR?
Two regimes, two regulators. ITAR is State and covers defence articles; EAR is Commerce and covers dual-use items.
The ITAR is administered by the State Department through the Directorate of Defense Trade Controls, and its list is the US Munitions List at 22 CFR 121.1. It covers defence articles and defence services.
The EAR is administered by the Commerce Department through the Bureau of Industry and Security, and its list is the Commerce Control List at 15 CFR 774, Supplement No. 1. It covers dual-use items, and its residual bucket is EAR99.
The practical differences are large. ITAR requires registration with DDTC before you export anything, has no de minimis for US content in most cases, and treats a disclosure to a foreign national in your own office as an export. The EAR has licence exceptions, a country chart, and a lighter registration posture.
An item is under one regime or the other, never both. Deciding which is called the jurisdiction question, and it is the first step of any classification. Getting it wrong in the permissive direction is the expensive error.
What decides it
- 01Is the item enumerated on the US Munitions List?
- 02If it is a part, does the specially designed test catch it and fail to release it?
- 03Was it developed with US Government funding for a military application?
- 04If the answer is no on all counts, which ECCN on the Commerce Control List applies?
Free, no account. Dossier $249 if you want the record.
The entries this turns on, opening text as it reads today
§ 120.41 Specially designed. (a) Except for commodities or software described in paragraph (b) of this section, a commodity or software is specially designed if it: (1) As a result of development, has properties peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics, or functions described in the relevant U.S. Munitions List (USML) paragraph in § 121.1 of this subchapter; or Note 1 to paragraph (a)(1): An example of a commodity that as a result of development has properties peculiarly responsible for achieving or exceeding the controlled performance levels, functions, or characteristics in a USML category would be a swimmer delivery vehicle specially designed to dock with a submarine to provide submerged transport for swimmers or divers from submarines. […]
(c) "Items subject to the EAR" consist of the items listed on the Commerce Control List (CCL) in part 774 of the EAR and all other items which meet the definition of that term. For ease of reference and classification purposes, items subject to the EAR which are not listed on the CCL are designated as "EAR99." Items subject to temporary CCL controls are classified under the ECCN 0Y521 series (i.e., 0A521, 0B521, 0C521, 0D521, and 0E521) pursuant to § 742.6(a)(8) of the EAR, while a determination is made as to whether classification under a revised or new ECCN, or an EAR99 designation, is appropriate.
(a) Aircraft, whether manned, unmanned, remotely piloted, or optionally piloted, as follows (MT if the aircraft, excluding manned aircraft, has a range equal to or greater than 300 km): * (1) Bombers; * (2) Fighters, fighter bombers, and fixed-wing attack aircraft; * (3) Turbofan- or turbojet-powered trainers used to train pilots for fighter, attack, or bomber aircraft; * (4) Attack helicopters; * (5) Unmanned aerial vehicles (UAVs) specially designed to incorporate a defense article; * (6) [Reserved] * (7) Aircraft specially designed to incorporate a defense article for the purpose of performing an intelligence, surveillance, and reconnaissance function; […]
Skenai never shows unquoted regulation. This page is research and documentation, not legal advice, and it is not a determination on your product.
People who ask this also ask
- What does EAR99 mean?It means the item is subject to the EAR but is not listed on the Commerce Control List. It is a residual, not a clearance.
- What does "specially designed" actually mean?It is a defined term with a catch-and-release structure, not a judgement about intent.
- Is a thermal camera ITAR?Usually not. Most commercial thermal cameras are EAR, on 6A003 or 6A002.
A general answer is not your answer.
The Interview asks 5 to 9 questions about your product, only the ones the entries turn on, and names the Determination free. The Dossier is the dated, cited record of how it was reached — the thing an investor or a prime asked for.
Free, no account. Dossier $249 if you want the record.