Learn the six steps of every export check, then the words you'll see along the way.
About 5 minutes · general information, not legal advice
How every export check works
Six steps, always in this order. Tap a step to learn what it means, or follow an example shipment.
Follow an example
The six steps
1 · What is it?
2 · Where is it going?
3 · Who gets it?
Where you end up
No license needed
License or License Exception
ITAR license or exemption
Stop and get help
1 · What is it?Step 1 of 6
Which rulebook covers it: EAR or ITAR?
What it asks
Whether the item is a defense item on the U.S. Munitions List (ITAR, State Department) or anything else (EAR, Commerce Department).
Why it matters
The two rulebooks work differently. Under the ITAR almost every export needs a license or an exemption. Under the EAR, many items need no license at all. Most products are EAR.
Each ECCN lists its reasons for control. The Country Chart marks which countries need a license for each reason. Pick a country to see the check.
The item
2B001
Machine tools for cutting metal
Its reasons for control
NS2
National security, column 2
NP1
Nuclear nonproliferation, column 1
AT1
Anti-terrorism, column 1
Where is it going?
Commerce Country Chart (three of its columns)
Country
NS2
NP1
AT1
Germany
·
·
·
India
·
X
·
China
X
X
·
Iran
See EAR Part 746 (embargo)
No X in this item's columns
No license is needed for these reasons (NLR). You still check the parties and the end use before you ship.
Simplified from the Commerce Country Chart. Some 2B001 paragraphs carry fewer reasons, and other EAR rules can still apply. Run the real check on the License check page.
The words you'll see
Grouped by the three questions. The tag shows which rulebook uses the word.
The basics The two rulebooks, and what counts as an export
ExportWhat counts
Both
Sending an item, software or technical information out of the United States. Showing or giving controlled technical information to a foreign person inside the U.S. can count too.
Emailing design drawings to a supplier in Mexico is an export, even though nothing ships.
EAR 15 CFR 734.13 · ITAR 22 CFR 120.50
EARExport Administration Regulations
EAR
The Commerce Department's export rules. They cover most commercial products, software and technology, including items with both civilian and military uses.
The State Department's rules for defense items: things on the U.S. Munitions List, their technical data, and defense services.
Missile parts, parts made for military aircraft, training a foreign military to maintain a weapon.
22 CFR Parts 120–130 · run by DDTC
EAR or ITAR?Jurisdiction
Both
Before anything else, work out which rulebook applies. Check the U.S. Munitions List first. If the item isn't described there, it is usually under the EAR.
Not sure? The State Department can decide through a commodity jurisdiction (CJ) request.
ITAR 22 CFR 120.11 (order of review), 120.4 (CJ)
1 · What is it? Finding the item on a control list
CCLCommerce Control List
EAR
The EAR's list of controlled items. It has 10 categories (0 to 9), each split into 5 product groups (A to E).
Groups: A equipment, B test and production equipment, C materials, D software, E technology.
Supplement No. 1 to 15 CFR Part 774
ECCNExport Control Classification Number
EAR
The five-character code for an item on the CCL. It tells you why the item is controlled.
2B001: category 2 (materials processing), group B (production equipment), entry 001 (machine tools).
15 CFR 738.2
EAR99Not on the list
EAR
The label for items that are subject to the EAR but not on the CCL. Most everyday products are EAR99.
Usually no license is needed, except for embargoed countries, restricted parties or prohibited end uses.
15 CFR 734.3(c)
USMLU.S. Munitions List
ITAR
The ITAR's list of defense items, in 21 categories (I to XXI). An item is named by its category and paragraph.
Category VIII is aircraft. VIII(h)(1) covers parts made for certain military aircraft.
22 CFR 121.1
2 · Where is it going? How the destination changes the answer
Reason for controlNS, NP, AT and others
EAR
Why an item is controlled, written as a short code. Each ECCN lists one or more.
NS national security, NP nuclear, MT missiles, CB chemical and biological, RS regional stability, AT anti-terrorism.
15 CFR Part 742
Country ChartCommerce Country Chart
EAR
A grid of countries against reasons for control. An X means a license is needed for that reason, unless an exception applies.
Find the country's row, then look only at the columns your ECCN lists.
Supplement No. 1 to 15 CFR Part 738
License checkECCN × country
EAR
Match the item's reasons for control against the destination's row on the Country Chart. No X means no license for those reasons. An X means you need a license or a license exception.
It's a first step: embargoes, end use and the parties can still require a license.
15 CFR 738.4
Embargoed countrySpecial destination rules
Both
A few destinations have much stricter rules, and most exports to them need a license.
Cuba, Iran, North Korea, Syria, Russia and Belarus under the EAR. The ITAR keeps its own list of restricted countries.
EAR 15 CFR Part 746 · ITAR 22 CFR 126.1
3 · Who gets it, and for what? The people and the purpose
Restricted partyDenied or listed party
Both
A person or company the U.S. government has put on a list. Dealing with them may need a license, or be banned outright.
Entity List, Denied Persons List, Unverified List (Commerce); debarred parties (State); SDN List (Treasury). The Consolidated Screening List searches them together.
15 CFR Part 744 · 22 CFR 127.7 · 31 CFR Ch. V
OFACOffice of Foreign Assets Control
Both
The Treasury office that runs U.S. sanctions. Some cover whole countries, like Iran or Cuba. Others target listed people and companies, like the SDN List.
Sanctions can block payments and services, not just shipments, and U.S. persons follow them wherever they are.
31 CFR Chapter V
End use and end userWhat it's for, and who uses it
EAR
What the item will finally be used for, and by whom. Some end uses need a license even for EAR99 items.
Nuclear, missile, or chemical and biological weapons work. Other rules cover military end uses in certain countries.
15 CFR Part 744
Then: the kind of OK you need Licenses, exceptions and exemptions
NLRNo License Required
EAR
The answer when the EAR needs no license for this export. It is not permission to ship: you still check the parties and the end use.
You'll see it on export filings, and as a result on the License check page.
15 CFR 758.1
LicenseGovernment permission
Both
Written permission from the government for a specific export. You apply to BIS under the EAR, or to DDTC under the ITAR.
A DSP-5 is the ITAR license for a permanent export of unclassified defense articles.
15 CFR Part 748 · 22 CFR Part 123
License ExceptionShip without a license, if every condition fits
EAR
A rule that lets some EAR exports go without a license. Each has a three-letter code and its own conditions.
LVS (limited value), TMP (temporary exports), ENC (encryption). General limits in § 740.2 can rule one out.
15 CFR Part 740
License ExemptionThe ITAR's version
ITAR
A specific situation where the ITAR needs no license. Exemptions are narrow, and you must keep records when you use one.
Some exports to Canada (§ 126.5), some technical data (§ 125.4).
22 CFR 123.16, 125.4, 126.5
EAR and ITAR compared
Many ideas have a twin in the other rulebook. A few work very differently.
EAR and ITAR compared
EAR
ITAR
Parallels
Who runs it
Commerce Department, through BIS
State Department, through DDTC
The rules
15 CFR 730–774
22 CFR 120–130
The control list
Commerce Control List (CCL)
U.S. Munitions List (USML)
The item's code
ECCN, like 2B001
Category and paragraph, like VIII(h)(1). There's no table that turns one into the other
Ship without a license
License Exception (Part 740)
License Exemption (for example § 126.5, § 125.4)
Get a license
Apply to BIS
Apply to DDTC (for example a DSP-5), or an agreement for defense services
Restricted parties
Entity List, Denied Persons List, Unverified List, Military End-User List
Debarred parties (§ 127.7). OFAC's SDN List applies under both
Sharing know-how in the U.S.
A "deemed export" to the foreign person
An export to the foreign person
Differences
What it covers
Commercial products and items with both civilian and military uses, plus some less sensitive military items (the "600 series")
Defense articles, their technical data, and defense services
Not on the list
EAR99: still under the EAR, usually no license
Not an ITAR item. Check whether the EAR applies
Does the country matter?
Yes. The Country Chart decides for most listed items
Less so. Almost every export needs a license or exemption; § 126.1 lists countries with stricter rules
No license needed
NLR, for many item and country pairs
No general equivalent
Register first
No registration to export
Manufacturers and exporters must register and pay a yearly fee (Part 122)
Foreign-made products
De minimis and foreign direct product rules decide
No de minimis: the U.S. part stays under the ITAR
General information to help you get started, not legal advice. The regulations control: EAR at 15 CFR Parts 730–774, ITAR at 22 CFR Parts 120–130, OFAC sanctions at 31 CFR Chapter V. Export Control Studio gives preliminary screening only, never a government determination or permission to ship.