What is the difference between ITAR and EAR?

Published by Charlie Davidson on

What is the difference between ITAR and EAR?

What’s The Difference Between ITAR and EAR? International Traffic In Arms (ITAR): Regulates the sale, distribution, and manufacturing of defense-related items. The Export Administration Regulations (EAR): Regulates dual-use items not covered by ITAR, but still applies to some defense-related items.

Can something be both ITAR and EAR?

EAR: How They Differ. It’s easy to say that ITAR covers the export of all defense-related materials and items, and EAR covers everything else. Regulated Items: ITAR covers all defense articles and services, while EAR covers commercial and dual-use items and technologies.

What is ITAR ear regulations?

The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology. The legislation seeks to control access to specific types of technology and the associated data.

What does ITAR compliant mean?

International Traffic in Arms Regulations
The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defense and space-related articles and services as defined in the United States Munitions List (USML). …

Who is subject to ear?

(1) “Subject to the EAR” is a term used in the EAR to describe those items and activities over which BIS exercises regulatory jurisdiction under the EAR. Conversely, items and activities that are not subject to the EAR are outside the regulatory jurisdiction of the EAR and are not affected by these regulations.

What is ear 99?

An ECCN (short for Export Control Classification Number), is a designation that an item, which can be a tangible or intangible (i.e., software or technology), is controlled because of its specific performance characteristics, qualities, or designed-end use.

How do I know if ITAR applies?

Fortunately, the Departments of Defense and Commerce have made it easier to determine if an article is regulated under ITAR by developing web-based (decision-tree) tools. See Department of State, Office of Defense Trade Controls, at pmddtc.state.gov or bis.doc.gov/index.php/decision-tree-tools.

How do I comply with ITAR?

This includes the following steps:

  1. Determine Jurisdiction.
  2. Review the ITAR.
  3. Register with Directorate of Defense Trade Control.
  4. Classify Your Goods Using the U.S. Munitions List.
  5. Know the End Use and End User.
  6. Apply for an Export License.
  7. Fulfill Reporting Requirements.
  8. Create and Maintain an Export Compliance Program.

What is an ITAR exemption?

What is an ITAR exemption? Simply put, an exemption is a set of conditions which – if met – allow you to ship to your destination without the need to obtain an export license.

Who needs ITAR compliant?

The US government mandates that any company that manufactures, exports, as well as brokers of defense articles, defense services, or a company that is involved with related technical data, must be ITAR compliant.

What items are not subject to EAR?

(b) The following are not subject to the EAR: (1) Items that are exclusively controlled for export or reexport by the following departments and agencies of the U.S. Government which regulate exports or reexports for national security or foreign policy purposes: (i) Department of State.

Categories: Users' questions