ITAR and EAR are two sets of regulations with similar purposes. However, there are also some important differences between them. Keep reading to learn more about ITAR and EAR, including a detailed review of their scope and application.
What Is ITAR?
The International Traffic in Arms Regulations (or ITAR) is a set of controls administered by the Directorate of Defense Trade Controls (DDTC) under the U.S. Department of State.
The main purpose of ITAR is to control the export and import of defense-related articles, services, and technology on the United States Munitions List (USML), an inventory that covers a wide range of defense-related items, including firearms, ammunition, rockets, missiles, naval vessels, among others.
Companies that manufacture, export, or import defense articles or services that are covered by the USML must comply with the requirements of the ITAR, as violations can result in significant fines, penalties, and even criminal charges.
To learn more about ITAR, read our previous posts, “ITAR: Who Is a U.S. Person?” and “Is ITAR Data CUI?”
What Is EAR?
The term EAR stands for Export Administration Regulations, a set of laws that govern the export and re-export of certain commercial items (including technology, software, and commodities) that have dual use.
“Dual use” refers to items that have civil applications as well as terrorism, military, or weapons of mass destruction (WMD)-related applications.
The EAR is administered by the Bureau of Industry and Security (BIS), an agency within the U.S. Department of Commerce.
The first step to understand if you need an export license from the Department of Commerce is to find out if the item you intend to export has a specific Export Control Classification Number (ECCN). ECCNs can be found in the EAR Commerce Control List (CCL).
The EAR also has an Entity List, which includes foreign people, businesses, and organizations that are subject to specific license requirements for the export, reexport, and/or transfer of items subject to the EAR.
If you export products, understanding the EAR is a must because, just like ITAR, failure to comply with the EAR can result in penalties ranging from fines to denial of export privileges and criminal prosecution.
ITAR vs EAR: What Is the Difference?
There are a couple of important differences between ITAR and EAR.
While ITAR focuses on defense-related articles, services, and technology, the EAR is geared toward dual-use articles. Additionally, ITAR is administered by the Department of State while the EAR is administered by the Department of Commerce.
Despite their differences, ITAR and EAR have something in common: they are the two main sets of regulations governing U.S. exports.
ITAR data and EAR data fall within the category of export-controlled information. Whether it’s an exporter or a contractor, any entity handling this type of information must protect it by taking the adequate technical provisions.
These requirements must be taken seriously. Remember: as an exporter, it is your legal responsibility to ensure you comply with U.S. exporting regulations.
To learn more about how to protect export-controlled information, read our previous blog: “Microsoft GCC High and CMMC: What You Need To Know”
Need To Achieve CMMC Compliance? We Are Here To Help
Whether it’s CMMC, NIST SP 800-171, DFARS, or ITAR, we help organizations achieve compliance with all applicable cybersecurity regulations at any level so that they can win and maintain Department of Defense (DoD) contracts.
Brea Networks, LLC is a fully Registered Provider Organization (RPO) and is a Microsoft partner with full Microsoft GCC High licensing and migration solutions.
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