Export Control

Export Control is a comprehensive system of U.S. federal regulations that govern the export, reexport, and transfer of certain goods, technology, and technical data to protect national security interests. The system consists primarily of two regulatory frameworks: ITAR (International Traffic in Arms Regulations) covering defense-related articles and services, and EAR (Export Administration Regulations) regulating commercial and dual-use items that could have both civilian and military applications. Air cargo operators and freight forwarders must determine proper classification and obtain required export licenses before shipping controlled items, as violations can result in severe penalties including substantial fines and criminal charges. Jurisdiction must be determined first, as it dictates the applicable regulations and licensing body, making classification critical for determining licensing requirements and ensuring compliance with export regulations.

A Lufthansa Cargo shipment with AWB 020-87654321 contains advanced semiconductors classified under ECCN 3A001, requiring an export license from the Bureau of Industry and Security (BIS) before shipment to certain destinations. An Emirates SkyCargo flight carrying defense-related aircraft components on AWB 176-12345678 requires ITAR compliance and a DSP-5 export license from the State Department's Directorate of Defense Trade Controls (DDTC) before export.

• export license
• export restrictions
• dual-use goods
• EAR
• ITAR

What is the difference between ITAR and EAR export control regulations for air cargo shipments?

ITAR is regulated by the U.S. Department of State and controls defense-related articles and services listed on the United States Munitions List (USML), while EAR is regulated by the U.S. Department of Commerce and covers commercial and dual-use items on the Commerce Control List (CCL). ITAR licenses are submitted to DDTC via the DTrade portal, while EAR licenses are submitted to BIS via the SNAP-R portal.

How do I determine if my air cargo shipment requires an Export Control license?

The key is finding out if your item has a specific Export Control Classification Number (ECCN), which are five-character alphanumeric designations used on the Commerce Control List to identify dual-use items for export control purposes. If your item falls under BIS jurisdiction and is not listed on the CCL, it is designated as EAR99 and generally will not require a license, however you may still need a license if exporting to an embargoed country, to a party of concern, or for prohibited end-use.