U.S. exporters quickly develop an awareness of two acronyms: ITAR, the U.S. Department of State’s International Traffic in Arms Regulations, and EAR, the U.S. Department of Commerce’s Export Administration Regulations. I often get calls from exporters asking similar questions: “How do I know if my items are controlled by ITAR or EAR?” or “I’ve determined that my items are covered by the EAR. Now what?”
The Bureau of Industry and Security (BIS), which is charged with enforcing the EAR, explains that there is a specific Order of Review process for determining export controls jurisdiction (which agency controls the export) and classification (the correct commodity classification code to use for the product being exported). This article breaks it down.