What is the ITAR?
The International Traffic in Arms Regulations (ITAR) are U.S. government regulations that control the manufacture, export, temporary import, and disclosure of defense-related articles, technical data, and services.
ITAR is administered by the U.S. Department of State through the Directorate of Defense Trade Controls (DDTC) and exists to protect U.S. national security by preventing sensitive military technology from being accessed or misused by unauthorized foreign persons or adversaries.
If your company designs, manufactures, tests, or supports products with military or defense-related applications, ITAR may apply—even if you never ship anything overseas.
The ITAR takes precedence over the Export Administration Regulations (EAR). As a first step in protecting controlled technology and managing export controls, companies must determine whether ITAR applies before evaluating requirements under the EAR.
ITAR vs. EAR: What’s the difference? See our explainer to learn more.
Why ITAR Exists
The United States is a global leader in defense and advanced technology. ITAR exists to ensure that military capabilities, technical data, and know-how do not fall into the wrong hands.
Once controlled technology is released, it cannot be taken back.
ITAR is designed to prevent those unauthorized releases before they happen.
Why ITAR Is So Important
ITAR is strict by design. Violations can result in significant civil and criminal penalties, loss of export privileges, and long-term reputational damage for both companies and individuals.
Importantly, ITAR controls apply well beyond exports. Sharing controlled technical data with a foreign national in the United States is considered a deemed export and may require government authorization.
This makes ITAR relevant to engineering teams, R&D, IT systems, HR, visitors, and everyday business operations—not just shipping departments.
Classifications Under The ITAR
ITAR is organized around the United States Munitions List (USML), found in 22 CFR §121.1.
The USML contains 21 categories covering defense articles, technical data, and services.
Each category includes enumerated items (specifically listed controls) and, in some cases, catch-all controls based on whether an item is “Specially Designed”* for a military application.
Why Classification Must Start with ITAR
When determining export classification, ITAR is always reviewed first.
If an item, software, or piece of technical data is listed on the USML—or meets the ITAR definition of “Specially Designed”*—it is subject to ITAR, and the analysis stops there.
Only after confirming that ITAR does not apply should a company move on to review the Export Administration Regulations (EAR). Starting anywhere besides the ITAR risks applying the wrong rules and exposing your company to serious compliance violations.
ITAR is relevant to engineering teams, R&D, IT systems, HR, visitors, and everyday business operations—not just shipping departments.
ITAR and Technology Protection
Because ITAR controls technical data and defense services—not just physical items—companies subject to ITAR require an ITAR Compliance Program.
An ITAR Compliance Program is built around a written compliance manual that documents the company’s policies, procedures, and internal controls for complying with ITAR. Consistent with DDTC guidance, the manual documents management commitment and establishes clear processes for classification, authorizations, technical data protection, training, recordkeeping, and reporting potential violations.
Documenting these elements supports consistent implementation and demonstrates good-faith compliance during audits or inquiries.
If ITAR Does Not Apply
If, after a careful and documented review, your item is not controlled under ITAR, the next step is to classify it under the Export Administration Regulations (EAR).
Key Takeaway
ITAR is the starting point for export classification.
Understanding whether your products, technology, or services are subject to ITAR determines which rules apply, how technical data must be protected, and what authorizations may be required long before a shipment or sale occurs.
For companies subject to ITAR, a documented ITAR Compliance Program, supported by a written compliance manual, is essential to applying the regulations consistently and demonstrating good-faith compliance.
*“Specially Designed” is a defined concept under both ITAR and the EAR, with different criteria and exclusions in each regulation. As a result, parts, components, accessories, or attachments that are developed for use in a controlled item may themselves become subject to export controls under a “Specially Designed” analysis, even if they are not separately enumerated. The regulatory definitions and exclusions are set out in ITAR §120.41 and EAR §772.
External Links
- U.S. Department of State’s Directorate of Defense Trade Controls (DDTC)
- International Traffic in Arms Regulations (ITAR): 22 CFR 120-130
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