- ITAR follows the item and has no de minimis threshold.
- The EAR has de minimis rules, but not for every item or destination.
- “ITAR-free” is a supplier claim: get a written classification per part, and remember that EU export rules still apply.
What ITAR is, and why it reaches European products
The International Traffic in Arms Regulations (ITAR, 22 CFR 120–130) are US rules controlling defense articles, technical data and defense services listed on the US Munitions List (USML). They are administered by the State Department’s Directorate of Defense Trade Controls (DDTC).
ITAR follows the item, not the company. A European system that contains an ITAR-controlled part generally needs US authorisation before it can be re-exported or transferred to a new end user, and there is no minimum percentage below which the rule stops applying.
That is why some European customers ask for ITAR-free designs: no ITAR-controlled content anywhere in the bill of materials.
ITAR and EAR are not the same
Most US-origin electronics is not ITAR but falls under the Export Administration Regulations (EAR, 15 CFR 730–774), administered by the Commerce Department’s Bureau of Industry and Security (BIS). Many spacecraft parts and components moved to the EAR in 2014, under ECCNs such as 9A515. Moving to the EAR does not mean licence-free: most 9A515 items still need a US licence for EU destinations unless an exception such as STA applies.
| ITAR | EAR | |
|---|---|---|
| List | US Munitions List (USML categories) | Commerce Control List (ECCNs), or EAR99 |
| Covers | Defense articles, technical data, defense services | Dual-use items, less sensitive military items (600 series), many spacecraft items (9x515) |
| De minimis | None: any ITAR content counts | Foreign-made items with limited controlled US content may fall outside the EAR (25 % or 10 % depending on the destination), with exceptions where no de minimis applies, and foreign direct product rules that can apply even with no US parts |
| Authority | DDTC (State Department) | BIS (Commerce Department) |
EAR99 means the item is subject to the EAR but at the lowest level of control. It is not the same as “not controlled”.
“ITAR-free” is not “export-free”
ITAR-free is a description, not a legal status. A European product with no US content is still subject to European rules: the EU Dual-Use Regulation (EU) 2021/821, and the national controls on military equipment based on the EU Common Military List.
European parts can be controlled too: some radiation-hardened ICs, for example, are EU dual-use items and need an export licence outside the EU, or an EU general authorisation such as EU001.
Treat a supplier’s “ITAR-free” statement as a starting point. What you need is the classification of each part, in writing, with its country of origin. When jurisdiction is unclear, ask whether a commodity jurisdiction (CJ) determination from DDTC exists.
Where ITAR content hides in a BOM
- Some radiation-hardened processors, FPGAs and memories (many others fall under the EAR instead, and need checking too).
- Some RF, infrared, navigation and encryption-related components.
- Subsystems bought from US suppliers, whose internal parts you never see.
- Parts bought from a European distributor: the classification follows the part, not the seller.
- Technical data and services: drawings, test reports or engineering help from US staff can be controlled even when the hardware is not. ITAR technical data you receive also limits which of your own staff may see it, so plan access before it arrives.
How to source ITAR-free, step by step
- Ask every supplier for the export classification of each part (USML category, ECCN or EAR99) and its country of origin, in writing.
- Flag every line with ITAR content, and every line with US-origin EAR content, for review by your export-control officer.
- Search for European alternates early, before the design freezes, when a swap is still cheap.
- Keep the evidence: classification statements, dated, belong in the BOM, not in an inbox.
- Re-check when a supplier, a part revision or a sub-tier source changes.
Checklist
- Classification and country of origin recorded for every line
- US-origin content identified per subsystem
- European alternates listed for every flagged line
- Technical data and services reviewed, not only hardware
- Supplier statements dated and stored with the BOM
Where Procureezy fits
Procureezy records the export status each supplier publishes, such as ITAR-free claims, alongside the certifications they publish, and lets you set geography constraints to prioritise European suppliers. Classification stays with your compliance team.