---
title: "ITAR and EAR basics for defense and aerospace teams"
canonical: "https://teamingindex.com/knowledge/itar-and-ear-export-controls"
lastReviewed: "2026-11-08"
markdown_url: "https://teamingindex.com/knowledge/itar-and-ear-export-controls.md"
topic: "Clearances & export controls"
summary: "How the ITAR and the EAR differ, when DDTC registration is required, why releasing technical data to foreign persons can be an export, and how to screen partners for export-controlled work."
---
# ITAR and EAR basics for defense and aerospace teams

> How the ITAR and the EAR differ, when DDTC registration is required, why releasing technical data to foreign persons can be an export, and how to screen partners for export-controlled work.

- Topic: Clearances & export controls
- Last reviewed: 2026-11-08
- Canonical URL: https://teamingindex.com/knowledge/itar-and-ear-export-controls

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

| | ITAR | EAR |
| --- | --- | --- |
| Agency | State Department, DDTC | Commerce Department, BIS |
| Regulation | 22 CFR Parts 120–130 | 15 CFR Parts 730–774 |
| What is controlled | Defense articles, technical data and defense services on the U.S. Munitions List (22 CFR Part 121) | Items on the Commerce Control List (15 CFR Part 774), classified by Export Control Classification Number (ECCN); items subject to the EAR but not listed are designated EAR99 |
| Registration | Companies that manufacture, export or temporarily import defense articles, or furnish defense services, must register with DDTC (22 CFR Part 122), even if they never export | No general registration requirement |
| Authorization | Most exports and many temporary imports need a DDTC license or other approval | Depends on the ECCN, the destination, the end use and the end user |

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](https://teamingindex.com/knowledge/sam-exclusions-and-responsibility)).

## Checklist for an export-controlled pursuit

- [ ] Determine whether the work involves ITAR, EAR or both, and classify the items and data
- [ ] Confirm DDTC registration for partners that manufacture or export defense articles or furnish defense services
- [ ] Identify foreign-person employees and contractors on every team member who would need access
- [ ] Put licenses, agreements or a technology control plan in place before releasing data
- [ ] Use approved systems for exchanging technical data, not personal email or unvetted file sharing
- [ ] Include export-control terms and DFARS 252.225-7048 in teaming agreements and subcontracts
- [ ] Record who received what data, and when, in case you need to show compliance

## 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.

> **Watch out:** TeamingIndex is not a place for technical data. Our free-text fields reject export-control legends and controlled markings, and profiles should describe capabilities in plain, public terms, such as "ITAR-registered machining of flight-critical components," never the controlled details.

## How TeamingIndex helps

- Filter for [ITAR-registered partners](https://teamingindex.com/directory?itar=1) or partners with [EAR compliance programs](https://teamingindex.com/directory?ear=1).
- 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](https://teamingindex.com/knowledge/facility-clearance-fcl-basics) and [CUI](https://teamingindex.com/knowledge/cui-and-zero-cui-practices).

## Official sources

- [ITAR, 22 CFR Part 120: Purpose and definitions](https://www.ecfr.gov/current/title-22/part-120)
- [ITAR, 22 CFR Part 122: Registration of manufacturers and exporters](https://www.ecfr.gov/current/title-22/part-122)
- [Directorate of Defense Trade Controls (DDTC)](https://www.pmddtc.state.gov/)
- [EAR, 15 CFR Part 730: General information](https://www.ecfr.gov/current/title-15/part-730)
- [EAR, 15 CFR Part 734: Scope, including deemed exports (734.13)](https://www.ecfr.gov/current/title-15/part-734)
- [DFARS 252.225-7048: Export-Controlled Items](https://www.ecfr.gov/current/title-48/section-252.225-7048)

Not legal advice. TeamingIndex guides are general information to help you plan, not legal advice. Regulations, clauses and program rules change and solicitations can tailor them: always work from the current regulation and the clauses in your solicitation, and confirm decisions with your contracting officer or counsel.