ITAR vs. EAR: which export rules cover which items

The United States controls exports of military and dual-use items under two sets of rules. The International Traffic in Arms Regulations (ITAR), Parts 120 through 130 of Title 22 of the Code of Federal Regulations (CFR), cover defense articles and defense services on the U.S. Munitions List (USML). The Export Administration Regulations (EAR), 15 CFR Parts 730 through 774, cover items "subject to the EAR," including those on the Commerce Control List (CCL). The EAR yields to the ITAR: 15 CFR 734.3(b)(1) says items exclusively controlled by the State Department under the ITAR are not subject to the EAR. This post explains the regulations as of October 20, 2026, and is not legal advice.

Two lists, two agencies

Under 22 CFR 120.1, section 38 of the Arms Export Control Act authorizes the President to control the export and import of defense articles and services. Executive Order 13637 delegates that authority to the Secretary of State. The Deputy Assistant Secretary of State for Defense Trade Controls administers the regulations and supervises the Directorate of Defense Trade Controls (DDTC). Section 120.2 says USML designations are made by the State Department with the concurrence of the Department of Defense.

The USML runs from Category I, firearms, to Category XXI, articles not otherwise enumerated. Category VIII covers aircraft and related articles. Section 120.10 says categories usually start with end-items, followed by systems, parts, and the related technical data and defense services.

On the Commerce side, 15 CFR 772.1 defines the CCL as a list of items under the export control jurisdiction of the Bureau of Industry and Security (BIS). The CCL has 10 categories, each split into five groups: equipment, test and production equipment, materials, software, and technology.

Which list is checked first

The ITAR is checked first. Supplement No. 4 to Part 774, the CCL order of review, says an item described on the USML, including in a catch-all paragraph, is a defense article, with "no need to review the CCL." Only an item not described on the USML goes through the CCL steps. If no entry describes it, the item is designated EAR99.

Section 120.11 sets the ITAR side. An enumerated entry takes precedence over a catch-all paragraph that uses the term "specially designed." A defense article stays under the ITAR after integration into an item not on the USML, unless the ITAR provides otherwise.

When doubt exists, section 120.12 provides a commodity jurisdiction determination, requested on Form DS-4076. The State, Defense, and Commerce Departments consult, and DDTC gives a preliminary response within 10 working days of a complete request. If no final answer comes after 45 days, the applicant may ask in writing for expedited processing.

The 600 series

Section 772.1 defines the "600 series" as CCL entries in the xY6zz format for items previously on the USML or covered by the Wassenaar Arrangement Munitions List. The "6" marks a munitions entry. The order of review says 600 series entries take precedence over other CCL entries.

The BIS 600 Series Items FAQs, last updated December 2, 2016, dates the entries to the export control reform effort that began in 2013. The FAQ's table lists aircraft items from USML Category VIII under Export Control Classification Numbers (ECCNs) 9A610 through 9E610, effective October 15, 2013.

Entry 9E610 in Supplement No. 1 to Part 774 controls technology required for the development, production, operation, installation, maintenance, repair, overhaul, or refurbishing of items in 9A610 through 9D610. A related-controls note in the entry sends technical data directly related to USML Category VIII articles to paragraph VIII(i) of the USML.

Technical data after the 2022 reorganization

The State Department restructured Part 120 in an interim final rule published March 23, 2022 and effective September 6, 2022. The rule consolidated definitions in subpart C. The rule's amendments to the USML replaced references to "§ 120.10" for technical data and "§ 120.9" for defense services with references to 120.33 and 120.32.

Section 120.33 now defines technical data in four parts:

1. Information, other than software, required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles, including blueprints, drawings, photographs, plans, instructions, or documentation.
2. Classified information relating to defense articles, defense services, and 600-series items.
3. Information covered by an invention secrecy order.
4. Software directly related to defense articles.

Paragraph (b) excludes general scientific and engineering principles commonly taught in schools, public domain information under section 120.34, and basic marketing information. The CCL order of review still cites "22 CFR § 120.6" for the definition of defense article, which is now at 120.31.

How a technical manual can fall under either

Both regimes reach manuals. Under the ITAR, operation, repair, and maintenance instructions for a defense article are technical data under section 120.33(a)(1). Section 120.31 counts technical data recorded or stored in any physical form as a defense article itself. Paragraph VIII(i) of the USML covers technical data directly related to Category VIII aircraft articles. Paragraph VIII(i) also keeps classified technical data for 9A610 through 9D610 items on the USML.

Under the EAR, section 772.1 defines "technology" as information necessary for the development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing of an item. A note says technology may take any tangible or intangible form, including manuals or documentation. Both definitions turn on the item the information supports: defense articles in section 120.33, and an item in section 772.1. Under section 734.3(b)(3), published information is not subject to the EAR.

What to check

• Is the item the manual supports described on the USML, or only on the CCL, such as in 9A610?
• If jurisdiction was in doubt, was a commodity jurisdiction determination requested on Form DS-4076?
• Does a document cite a pre-September 6, 2022 section, such as 120.10 for technical data?
• Is any part of a manual for a 600-series item classified, which section 120.33(a)(2) treats as ITAR technical data?
• Is the information in the public domain under section 120.34, or published as section 734.3(b)(3) describes, which each rule excludes?

Azcuna's TRACE is one offline viewer for S1000D, MIL-STD-3001 XML, and PDF technical manuals. It keeps the source location and the markings of everything it shows and never modifies the source. It was proposed to NAVAIR under Navy SBIR Phase I topic DON26BZ05-NV078, and the proposal was submitted on September 23, 2026.

Sources

1. 122 CFR Part 120 - Purpose and Definitions · Electronic Code of Federal Regulations
2. 222 CFR 120.33 Technical data · Electronic Code of Federal Regulations
3. 322 CFR 121.1 The United States Munitions List · Electronic Code of Federal Regulations
4. 4International Traffic in Arms Regulations: Consolidation and Restructuring of Purposes and Definitions (interim final rule, 87 FR 16396) · Department of State, Federal Register (March 23, 2022)
5. 515 CFR 734.3 Items subject to the EAR · Electronic Code of Federal Regulations
6. 615 CFR 772.1 Definitions of terms as used in the Export Administration Regulations · Electronic Code of Federal Regulations
7. 715 CFR Part 774 - The Commerce Control List (including Supplement No. 4, Commerce Control List Order of Review) · Electronic Code of Federal Regulations
8. 8600 Series Items FAQs · Bureau of Industry and Security (published 2014, last updated December 2, 2016)

Where this shows up in our work

• TRACE, the offline S1000D and IETM viewer opens S1000D, MIL-STD-3001 and PDF technical manuals on a tablet with every marking intact.
• BABEL, offline multilingual translation and search translates and searches foreign-language documents on-device, every fact tied to its source passage.