United States (US)

Overview

Commercial defense trade are governed by the Arms Export Control Act (AECA), the International Traffic in Arms Regulations (ITAR), and the United States Munitions List (USML). Dual-use items are governed by the Export Administration regulations (EAR).

The International Traffic in Arms Regulations (ITAR) & United States Munitions List (USML)

The ITAR (22 CFR parts 120-130) governs the manufacture, export, and temporary import of defense articles, the furnishing of defense services, and brokering activities involving items described on the USML (ITAR section 121.1). The ITAR is regularly updated and revised to reflect changes in technological developments and in U.S. national security and foreign policy interests.

ITAR rules regulate the export of defense articles and services, including technological products and services and technical data. The articles and services regulated under ITAR are identified in the United States Munitions List (USML). The rules apply to any entity in the United States that manufactures, exports or temporarily imports defense products or services.

A broad range of defense products are covered under ITAR, including electronic items, imaging systems, satellites, body armor and spacecraft. Defense services might include the design, development, testing and maintenance of a wide range of military systems, the repair of these systems, as well as military training. The USML includes many items that the DDTC deems as providing the U.S. a critical advantage in military or intelligence terms and whose unauthorized export could adversely affect the national security of the country. The list consists of 21 categories of products, such as aircraft, ground vehicles and firearms. The items in each category could be identified as software, technical data or defense services. Minor items such as spare parts, accessories components and sub-assemblies are also listed in the USML. Note that not all defense-related items are subject to the ITAR.

The term "export" is broadly defined under the ITAR. It not only refers to the export of a tangible product or service, but also to a U.S. person providing (i.e., exporting) controlled or sensitive information to a foreign person. This meaning applies even if this transfer occurs within the same company located in the U.S.

The Directorate of Defense Trade Controls (DDTC) administers the ITAR (22 CFR parts 120-130), which implements section 38 of the AECA.

The Arms Export Control Act (AECA)

Under the direction of the President of the United States, the U.S. Secretary of State is responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports of defense articles and defense services. Section 38 of the AECA provides the authority to control the commercial export of defense articles and defense services described on the USML. Executive Order 13637 delegates this authority to the U.S. Secretary of State. This authority has been further delegated to the Deputy Assistant Secretary of State for Defense Trade Controls in the Department’s Bureau of Political-Military Affairs. DDTC is primarily responsible for administering and implementing these authorities through the ITAR.

The Export Administration Regulations (EAR)

Many defense products and services that are not subject to the ITAR might be subject to the EAR. These regulations control commercial goods and dual-use items (items that can be used both for commercial and military purposes) that are not on the ITAR's USML or other export control lists. The EAR controls many types of military hardware, including munitions, firearms, aircraft, military vehicles, materials and chemicals.

However, many military items might fall outside the ITAR's or the EAR's jurisdiction but are subject to control by other federal agencies, such as the FDA, USDA, and so on.

The CCL is a list of regulated commercial items, including those items that have both commercial and military applications. It includes 10 categories and five product groups. Each item that falls under the purview of the EAR is assigned an Export Control Classification Number (ECCN). CCL contains a catch-all category named EAR99.

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(1) Military equipment

International Traffic in Arms Regulations (ITAR)

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(2) Dual-use items

Export Administration Regulations (EAR)

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