ITAR and EAR basics for defense and aerospace teams

Two U.S. export control regimes shape most defense and aerospace teaming. The International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 to 130, are administered by the State Department's Directorate of Defense Trade Controls (DDTC) and control defense articles, technical data and defense services listed on the U.S. Munitions List. The Export Administration Regulations (EAR), 15 CFR Parts 730 to 774, are administered by the Commerce Department's Bureau of Industry and Security (BIS) and control dual-use items and less sensitive military items on the Commerce Control List. Export controls apply to who can see technical data, not just to what ships overseas, so they affect who you can put on a team.

ITAR and EAR side by side#

If you are not sure which regime applies to an item, the classification comes first. When jurisdiction is genuinely unclear, DDTC's commodity jurisdiction process makes the determination.

Technical data and deemed exports#

Export controls cover information, not just hardware. Under both regimes, releasing controlled technical data or technology to a foreign person can be an export, even when the release happens inside the United States: a conversation, a site visit, a shared drawing or access to a shared drive. The EAR calls this a deemed export (15 CFR 734.13). For a teaming partner this means:

• Foreign-person employees, including those lawfully working in the United States, may need a license or other authorization before accessing controlled data.
• Companies with foreign-person staff use a technology control plan to keep controlled data where it belongs.
• Where the data lives matters. Storing or transmitting controlled technical data in the cloud is subject to specific rules in each regime; follow your empowered official's or export compliance lead's guidance.

What this means for teaming#

• Ask about registration. A partner that manufactures defense articles generally needs DDTC registration. Registration is not a license, but a manufacturer without one is a red flag.
• Classify before you share. Agree on the USML category or ECCN of the data you will exchange before the first technical meeting.
• Know the people. Identify foreign-person employees on both teams who would touch the data, and plan authorizations or controls early.
• Flow down the clause. DoD contracts involving export-controlled items include DFARS 252.225-7048, Export-Controlled Items, which reminds contractors of their compliance obligations and must be flowed to subcontractors.
• Screen parties. Check partners and their owners against the Government's restricted-party and exclusion lists, including SAM.gov exclusions (see screening partners).

Checklist for an export-controlled pursuit#

Common pitfalls#

• "EAR99 means uncontrolled." EAR99 items are still subject to the EAR. Exports to embargoed destinations, prohibited end users or prohibited end uses can still require a license.
• "We don't export, so ITAR doesn't apply." Manufacturing defense articles generally triggers the DDTC registration requirement on its own, and a technical discussion with a foreign person can be an export.
• Assuming a teaming partner handles compliance. Each company is responsible for its own exports, including releases to its own staff.
• Marking data inconsistently. Unmarked technical data is easy to share by mistake. Agree on marking practices in the teaming agreement.

How TeamingIndex helps#

• Filter for ITAR-registered partners or partners with EAR compliance programs.
• DDTC registration can be independently verified; verified badges show who vouches for the credential and when it was reviewed.
• Combine export-control filters with clearance and CMMC filters in one search, and see related guidance on facility clearances and CUI.