What is a control list? A control list is a list of specific items, materials, software, and technology that are subject to export control regulations. These lists are maintained by U.S. government agencies to regulate the export of sensitive items.

Have you ever wondered about the regulations that govern exporting goods from the United States? Whether you’re a business owner looking to expand internationally or just curious about export controls, understanding the difference between EAR and ITAR is crucial.

What Is a Control List?

Control lists serve as comprehensive inventories of items subject to export control regulations. Think of them as the government’s way of saying, “These items need special attention before leaving the country.” Let’s explore the two main control lists you need to know.

1- The Commerce Control List (CCL)

The CCL, maintained by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), focuses on “dual-use” items – things that have both civilian and military/strategic applications. From nuclear materials to computers and telecommunications equipment, the CCL covers a vast range of items.
Doesn’t this systematic approach make it easier to navigate such complex regulations?

2- The United States Munitions List (USML)

While the CCL focuses on dual-use items, the USML specifically targets defense articles, services, and related technical data. Maintained by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the USML divides defense items into 21 categories.
If your product, service, or technical data appears on the USML, it falls under the International Traffic in Arms Regulations (ITAR) – a stricter regulatory framework than items on the CCL.

Why Is the Control List Important in Trade Compliance?

Understanding which list your item falls under is crucial for compliance. The classification determines whether you need an export license, what restrictions apply, and which government agency oversees your export activities.
Not sure which list applies to your item? You can submit a Commodity Jurisdiction (CJ) request to determine the proper licensing authority. Have you considered whether your products might be on either of these lists?

EAR vs. ITAR: What’s the Difference?

Are you confused about which regulations apply to your products? You’re not alone! The key differences between EAR and ITAR involve who regulates them, what they control, and how the classification process works.

Who’s in Charge?

Different government agencies oversee these regulations:

• EAR: The Department of Commerce’s Bureau of Industry and Security (BIS) administers these regulations.
• ITAR: The Department of State’s Directorate of Defense Trade Controls (DDTC) manages these regulations.

Think of BIS as the agency that watches over commercial products, while DDTC focuses on military and defense items.

What Do They Control?

The scope of what each regulation covers differs significantly:

• EAR covers a broad range of commercial products and technologies listed on the Commerce Control List (CCL). This includes most dual-use items (those with both civilian and military applications).
• ITAR specifically regulates defense articles, services, and related technical data found on the United States Munitions List (USML). The USML organizes defense items into 21 distinct categories.
• To put it simply, if your product is primarily commercial, it likely falls under EAR. If it’s designed for military use, ITAR probably applies.

Classification Process

The way items get classified under each system works differently:

• EAR requires a highly technical product classification process. Once an item is determined to be EAR-controlled, you must identify its Export Control Classification Number (ECCN).
• ITAR classification focuses on whether an item appears on the USML.
• Both systems care deeply about “technology transfer” and have strengthened their enforcement efforts in recent years.

When EAR and ITAR Jurisdictions Overlap

What happens when you’re not sure which regulations apply to your product? This is where Commodity Jurisdiction (CJ) comes into play.
If there’s doubt about whether your item belongs on the USML (ITAR) or the CCL (EAR), you can submit a Commodity Jurisdiction request to determine the proper licensing authority. When BIS faces uncertainty during their classification process, they forward the issue to DDTC for a jurisdiction determination.
This overlap resolution process helps ensure your products are classified correctly and comply with the appropriate regulations.

What is an ECCN?

Have you ever seen a five-digit code when dealing with exports and wondered what it means? An Export Control Classification Number (ECCN) is a crucial identifier in the export control world.
An ECCN is a five-digit code used by the U.S. Department of Commerce to categorize items subject to export control restrictions. Your product’s ECCN, along with its destination country, end user, and end use, determines whether you can legally export it.
Only materials under EAR jurisdiction have ECCNs. This includes most items you’ll encounter in regular business. However, inherently military items, nuclear technology, protected infrastructure information, and some satellites fall under different jurisdictions and often face stricter controls.

What Is the Best Way for ECCN Number Lookup?

Finding your product’s ECCN can be challenging. Here are some approaches:

1. Ask your U.S. vendor or manufacturer if they export their products
2. Confirm your item is under EAR jurisdiction
3. Use the Commerce Control List (CCL) to find its classification
   If you can’t find an ECCN for your item, it might belong to another agency’s jurisdiction, or it might be EAR99.

The ECCN code follows a specific pattern:

• First digit: A number (0-9) representing the Category Number
• Second digit: A letter (A-E) representing the Product Group Letter

Category Numbers	Examples
0	Nuclear Materials, Facilities & Equipment
1	Materials, Chemicals, Microorganisms, and Toxins
2	Materials Processing
3	Electronics Design, Development and Production
4	Computers
5	Telecommunications & Information Security
6	Sensors and Lasers
7	Navigation and Avionics
8	Marine
9	Propulsion Systems, Space Vehicles, and Related Equipment

Product Group Letters	What They Cover
A	End Items, Equipment, Accessories, Attachments, Parts, Components, and Systems
B	Test, Inspection and Production Equipment
C	Materials
D	Software
E	Technology

For example, 9A001 is the ECCN for a gas turbine engine. Can you imagine how specific these classifications get? That’s why it’s so important to understand them correctly!

What Makes ECCN EAR99 Items Special?

Wondering what EAR99 means and why it matters? EAR99 is a unique designation that sets certain items apart from others under export regulations.
EAR99 items differ from other regulated exports primarily because they don’t have a specific ECCN. Instead, EAR99 serves as a catchall designation for low-technology consumer goods. Think of common items like house fans, office furniture, glass beakers, or automobile tires – these typically fall under EAR99.

Key Features of EAR99 Items:

• No Specific ECCN: Unlike other EAR-controlled items with detailed five-digit classifications
• Low-Tech Commercial Goods: Primarily everyday consumer products
• Widely Applicable: Most commercial items fall into this category
• Generally Easier to Export: Can usually be shipped to most countries without a license

Don’t get too comfortable though! Even EAR99 items face export restrictions if you’re shipping to a sanctioned country, a prohibited end-user, an Entity List organization, or for a prohibited end-use. Always check these factors before assuming your EAR99 item is good to go.
The simplicity of EAR99 stands in contrast to items with specific ECCNs, which undergo detailed technical classification that directly affects licensing requirements. This fundamental difference makes EAR99 a relatively more straightforward designation in the complex world of export controls.

What Do Deemed Exports and Actual Shipments Mean?

When most people think about exports, they picture boxes on ships crossing oceans. But did you know you can “export” something without sending a single package? Let’s explore this important distinction.

What Is a Deemed Export?

A deemed export occurs when you share controlled information with a foreign person while still inside the United States. Yes, you read that right! Even if nothing physically leaves the country, the government “deems” it an export to that person’s home country.
Think about this scenario: You share technical specifications for a controlled technology with your colleague who is a citizen of another country, even though you’re both working in your U.S. office. You’ve just performed a deemed export! Does your company have procedures in place to handle these situations?

What Is an Actual Shipment?

An actual shipment is what most people traditionally think of as an export – physically moving tangible goods across U.S. borders to another country. This includes everything from sending equipment components to shipping finished products overseas.

Navigating export regulations might seem overwhelming at first, but understanding the differences between EAR and ITAR is your first step toward compliance. Remember that the primary distinction comes down to whether your item is a commercial product/technology (generally subject to EAR) or a defense article/service (generally subject to ITAR).
As you prepare to export your products, ask yourself:

1. Is my item designed primarily for commercial or military use?
2. Which agency has authority over my product – BIS or DDTC?
3. Do I need to identify an ECCN or determine if my product is EAR99?
4. Have I considered destination, end user, and end use restrictions?

By answering these questions and applying what you’ve learned about export regulations, you’ll be well on your way to successful and compliant international business operations. Remember, when in doubt, consult with export control experts who can guide you through the complexities of these important regulations.

FAQ

1. What are “control lists” in export regulations?
   Official lists that identify items requiring government authorization before export. The two main U.S. lists are the United States Munitions List (USML) under ITAR and the Commerce Control List (CCL) under EAR.
2. What’s the difference between the USML and CCL?
   USML (ITAR) controls military items with stricter regulations. CCL (EAR) controls “dual-use” items with both commercial and military applications. CCL restrictions vary by item and destination.
3. If my item isn’t on either list, is it free from export restrictions?
   No. Unlisted items under Commerce jurisdiction fall under “EAR99.” While less restricted, they still need licenses for sanctioned countries, embargoed destinations, or prohibited users/uses.
4. How do I know which list my product falls under?
   Analyze technical specifications, intended use, and performance capabilities. Review both lists for matching descriptions. When uncertain, request an official determination or consult an export compliance expert.
   Classification Questions
5. What does an ECCN tell me?
   An Export Control Classification Number (e.g., 5A002) shows:
   • Category (5 = Telecommunications)
   • Product group (A = Systems/Equipment)
   • Specific control parameters (002) It determines applicable controls based on reasons and destinations.
6. What is the “600 series” on the CCL?
   ECCNs in “xY6zz” format for items moved from USML to CCL during Export Control Reform. The “6” indicates a munitions entry, with other characters showing category, product group, and specific controls.
7. Can I appeal an item’s classification?
   Yes. Submit a classification request to BIS for CCL items or a Commodity Jurisdiction request to DDTC for USML items. Both have specific procedures and documentation requirements.
8. Do I need a license for every controlled export?
   Not always. Requirements depend on the specific control entry, destination country, end-user, end-use, and available exceptions. Some items qualify for license exceptions or exemptions.
9. Does sharing technical information with foreign nationals count as an export?
   Yes. The “deemed export” rule considers releasing controlled data to foreign nationals within the U.S. as an export to their country of citizenship, including verbal discussions or demonstrations.
10. What records should I maintain?
    Keep classification determinations, licenses, shipping documents, end-user certifications, screening results, training records, and compliance procedures for at least 5 years.
11. Can items move between the USML and CCL?
    Yes. Many items have moved from USML to CCL “600 series” during Export Control Reform. Items shift between lists based on evolving technologies or policy changes.
12. How are components of controlled systems handled?
    Evaluate if the component itself is specifically controlled, specially designed for a controlled item, or falls under a “catch-all” provision for parts and components.
13. Do software and technology have separate control entries?
    Yes. Control lists typically categorize items separately as hardware, software, or technology (technical data), with different control parameters even for related items.
14. How do I stay updated on control list changes?
    Subscribe to Federal Register notices, join industry associations, attend government outreach events, work with consultants, check agency websites regularly, and consider compliance software.
    Advanced Topics
15. How do foreign control lists compare to U.S. lists?
    Each country implements its own system despite international regimes like Wassenaar. Foreign lists have different structures and parameters even for similar items, requiring global companies to navigate multiple systems.
16. What are “reasons for control” on the CCL?
    Codes like NS (National Security), AT (Anti-Terrorism), CB (Chemical/Biological), and others that determine license requirements when matched against the Country Chart for specific destinations.
17. What’s a “specially designed” item?
    A key control concept using a “catch and release” approach. Items with properties for achieving controlled functions are “caught,” but may be “released” if meeting exclusions like civilian applications.
18. How do I handle items potentially in multiple control entries?
    Use the most specific entry that applies. For items potentially on both USML and CCL, USML takes precedence unless specifically excluded. Request agency determination if uncertain.