ITAR vs. EAR: What’s the difference—and how to stay compliant in 2025

If you’re managing compliance in a highly regulated industry, you’ve probably heard of ITAR and EAR. They’re often mentioned in the same breath, but they apply to different types of exports, and getting them confused can have serious consequences.

Understanding the differences between the two will help you navigate licensing, enforcement, and day-to-day compliance more confidently—so let’s break down what sets ITAR and EAR apart.

First things first: A quick intro to ITAR and EAR 

People often wonder the difference between ITAR and EAR. They tend to be mentioned together, but they cover different types of exports. Both are important U.S. export rules that affect how you handle sensitive info and control who gets access—whether it’s physical spaces or digital data. Since the rules change often, staying on top of ITAR and EAR means knowing how they impact things like visitor screening, access control, and workplace policies. Let’s take a quick look at each one.

What is ITAR?

ITAR is a set of U.S. government regulations that control the export and import of defense-related technology and services. If your business works with items on the United States Munitions List (USML), you need to follow ITAR.

That includes registering with the Directorate of Defense Trade Controls (DDTC), protecting ITAR-controlled data—especially in the cloud—from unauthorized access, and putting strong access controls in place. The DDTC oversees who’s allowed to work with the United States Munitions List (USML) goods and services, but it’s up to you to have the right policies and processes to stay compliant.

Who needs to pay attention to ITAR compliance?

If your company is in one of these industries, it needs to be compliant with ITAR:

1. Defense and aerospace. Manufacturers and suppliers of military equipment, aircraft, and defense systems.
2. Technology. Firms developing or providing software and technologies related to defense or military applications.
3. Engineering and manufacturing. Companies producing components or systems used in defense or aerospace industries.
4. Research and development. Entities engaged in research for military or defense technologies.
5. Export and logistics. Firms involved in the export, shipping, or transport of defense-related goods and services.

What is EAR?

EAR is another set of U.S. regulations that control the export and re-export of commercial and “dual-use” items—things that have both civilian and potential military applications. The Bureau of Industry and Security (BIS) oversees these regulations, which apply to a wide range of products—including many labeled as EAR99. Most EAR99 items don’t need a license, but they still come with restrictions. That’s why it’s important to know whether your products fall into this category or need special approval.

Which industries need to follow EAR regulations?

While there’s some overlap with ITAR, EAR covers a different set of items and industries.

1. Technology and electronics. Firms exporting computer hardware, software, and telecommunications equipment.
2. Aerospace and aviation. Companies dealing with aircraft parts and navigation systems.
3. Chemical and biological products. Manufacturers of chemicals and biological agents with potential dual-use applications.
4. Engineering and manufacturing. Businesses producing machinery and industrial equipment.
5. Research and development. Entities developing new technologies with commercial and potential military uses.

What are the differences between ITAR and EAR?

ITAR and EAR both work to protect national security by controlling the export of sensitive items. But each has its own rules, covers different kinds of products, and applies to different groups.

1. Meet the regulators: Who enforces ITAR and EAR

• ITAR. As we’ve already gone over, the DDTC is part of the U.S. Department of State and oversees the export and temporary import of defense-related items covered by ITAR. Their job is to help protect U.S. national security and foreign policy interests by managing how certain activities are handled. They focus on: 
  
  • Reviewing and approving export license applications
  • Ensuring compliance through audits and investigations
  • Developing export control policies
  • Enforcing ITAR regulations through penalties and sanctions for violations.
• EAR. BIS is the division of the U.S. Department of Commerce that looks after the export of dual-use goods, technology, and software under EAR. Their job is to make sure exports don’t threaten U.S. national security or foreign policy. BIS handles licenses, runs compliance checks, investigates issues, and steps in with penalties when needed.

2. What kinds of items fall under ITAR and EAR controls?

• ITAR: Covers military items such as firearms, ammunition, and other defense equipment.
• EAR: Applies to dual-use items including software, electronics, and chemicals. In 2025, some biological and chemical items were reclassified based on updates from the Australia Group, which may affect licensing requirements. It’s worth checking if any reclassifications affect your licensing needs.

3. Decoding the classification systems: USML vs. CCL

• ITAR. ITAR uses the United States Munitions List (USML) to classify defense-related items into 21 categories, such as Category I for firearms. ITAR products are organized on the United States Munitions List (USML), divided into categories like Category I and Category II. Understanding differences like “USML Category I vs II” helps companies know which rules apply. The State Department updated this list in 2025, reclassifying or removing some items. If you’re unsure whether your product falls under ITAR, reviewing the USML categories—especially Category I—is a crucial first step. See the full list here.
• EAR. EAR classifies dual-use items using Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL). Learning how to determine an ECCN code is the first step to understanding what licenses you need. If an item isn’t listed under a specific ECCN, it likely falls under the EAR99 designation—still controlled, but generally exempt from license requirements unless headed to embargoed countries or restricted users. To understand your licensing requirements, you need to know your product’s ECCN.

4. Navigating export licenses under ITAR and EAR

• ITAR. Under ITAR, you need to get export licenses for transferring defense-related articles, services, and technical data listed on the USML. To get a license, submit an application to the DDTC for review and approval.‍
• EAR. If you’re exporting items on the Commerce Control List (CCL), you need to get licenses under EAR. This process includes figuring out the item’s ECCN (for example, “What is ECCN 5A992?”), destination country, end user, and intended use. You’ll submit and manage your license applications through BIS’s updated SNAP-R (Simplified Network Application Process – Redesign) platform. 

5. The costs of non-compliance: Fines and penalties explained

• ITAR. If you violate ITAR rules, you could face criminal or civil penalties, be barred from future exports, and incur other serious fines, including:
  
  • As of 2025, civil fines for ITAR violations can reach up to $500,000 per incident.
  • Criminal penalties can include up to $1 million in fines and 10 years in prison.
• EAR. If you don’t comply with EAR, you could face criminal and administrative penalties. In 2025, violations can mean up to $1 million in criminal fines and 20 years in prison. Administrative fines can go as high as $300,000 per violation. 

How a visitor management system can simplify compliance with ITAR and EAR

Visitor management systems (VMS) like Envoy Visitors offer features that can make it much easier to stay compliant with ITAR and EAR. Let’s take a look at some of the key ones:

• Identity screening integrations allow VMS to cross-check visitor information against various databases, so only authorized individuals can access sensitive areas. This kind of screening is key for staying compliant with ITAR and EAR. For example, if you have to comply with EAR requirements, you need to check against lists like the Entity List, Denied Persons List, and Unverified List.
• Blocklists help ensure individuals who are known risks or who have previously violated export controls are denied entry to your space. ITAR regulations prohibit access to foreign persons unless they have been specifically authorized through a DSP-5 or similar export license.
• Customizable sign-in flows allow you to tailor your check-in process to collect specific details and provide the right legal documents. For example, non-citizens might see different questions or forms than U.S. citizens. Some visitors may also need to sign NDAs or other compliance agreements before entering restricted areas. This ensures visitors know the rules and agree to follow them.
• Digitized visitor logs help you keep track of who came in, when, and who they met with—creating an easy-to-audit record for ITAR and EAR compliance. For example, ITAR-registered companies need to verify visitor citizenship, which often means having visitors sign an NDA and a technology control plan (TCP) briefing.

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Curious how ITAR and EAR compliance actually plays out onsite? See how top exporters manage visitor access, screen foreign nationals, and stay audit-ready without drowning in paperwork in our new eBook, “Enhancing compliance and security with Envoy.”

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