ITAR vs. EAR Compliance

When dealing with the manufacturing, sales, and distribution of technology in the US, the subject of exporting usually always comes up. Most technology that is made in the US is considered sensitive information for a foreign nation. For this reason, two United States export laws have been created in order to protect this information to prevent disclosure to a foreign nation. One is the International Traffic in Arms Regulations (ITAR) and the other is Export Administration Regulations (EAR). Here is the difference between the two:

ITAR: (Regulating Agency: Directorate of Defense Trade Controls, Department of State) Focuses on defense articles and services listed under the United States Munitions List. Examples of the types of information that are export controlled include the design, development, production, fabrication, assembly, operation, repair, testing, maintenance or modification of defense items. Therefore defense articles including any item or technical data listed on the US Munitions List applies.

EAR: (Regulating Agency: Bureau of Industry and Security, Department of Commerce) Focuses on dual-use items that are predominately for commercial use, but can also have a military application. Examples of the types of information that are export controlled include the development, production, and use technology related to high performance computer, GPS, and weather radars. Therefore controlled commodities, materials, software, and technology can be listed on the Commerce Control List.

In order for a manufacturer to be ITAR and/or EAR compliant, they must register with the US State Department’s Directorate of Defense Trade Controls. This would apply to manufacturers who fabricate and/or export items that are listed on the US Munitions List (ITAR) or the Commerce Control List (EAR). Once a manufacturer is compliant with either law, they are solely responsible to take the necessary steps to certify and ensure that they remain compliant with the regulations.

As a registered ITAR and EAR compliant manufacturer, VIP has to meet numerous requirements pertaining to our company’s structure, documentation, corporate policy, training, and procedures. This ensures we constantly meet the export control laws, properly maintain records of defense items we manufacture, and protect sensitive defense and export sensitive information. We have been ITAR registered and EAR compliant since May 2010. If you are looking for a metal fabricator that is ITAR and/or EAR compliant, please contact us today!


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