Organizations that manufacture, export, temporarily import, broker, or provide defense articles, technical data, or defense services identified on the United States Munitions List (USML) may be subject to the International Traffic in Arms Regulations (ITAR). ITAR is a U.S. export control regulation administered by the U.S. Department of State that governs defense articles, technical data, and defense services identified on the USML.
What Is ITAR?
The International Traffic in Arms Regulations (ITAR) are administered by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) under the Arms Export Control Act (AECA). ITAR regulates the manufacture, temporary import, export, reexport, retransfer, and other controlled transfers of defense articles, technical data, and defense services identified on the United States Munitions List (USML).
Persons who manufacture, export, temporarily import, broker, or furnish defense services involving USML-controlled defense articles may be required to register with DDTC under ITAR Part 122, even if no exports occur. Depending on their activities, organizations may also have licensing, recordkeeping, and ongoing compliance obligations.
Who Needs to Comply with ITAR?
ITAR applies to organizations whose activities involve USML-controlled defense articles, technical data, or defense services.
Examples include:
- Defense manufacturers
- Aerospace companies
- Engineering firms
- Defense subcontractors
- Developers of USML-controlled software
- Organizations providing defense services
Whether registration or export authorization is required depends on an organization’s specific activities and the classification of the items involved.
What Is ITAR Technical Data?
ITAR technical data is defined in 22 CFR §120.33 and generally includes information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles identified on the United States Munitions List (USML).
Examples include:
- Engineering drawings
- CAD models
- Manufacturing instructions
- Technical specifications
- Test procedures
- Maintenance manuals
- Source code or software that is itself controlled under the USML
Certain publicly available information, fundamental research, and other exclusions specifically identified within the ITAR regulations are not considered controlled technical data.
Releasing Technical Data to Foreign Persons
Under ITAR, releasing controlled technical data to a foreign person, including within the United States, may constitute an export that requires prior authorization from the U.S. Department of State unless a regulatory exemption or other authorization applies. While this situation is often informally referred to as a “deemed export,” that term is formally associated with the Export Administration Regulations (EAR). Under ITAR, the focus is on whether an export or other controlled release of technical data has occurred.
Organizations should implement appropriate administrative, physical, and technical safeguards to help prevent unauthorized exports or releases of ITAR-controlled technical data.
Key ITAR Compliance Requirements
Organizations commonly support ITAR compliance by:
- Restricting access to controlled technical data.
- Training employees on export control responsibilities.
- Registering with DDTC when required.
- Obtaining required export licenses and other government authorizations.
- Maintaining records required under ITAR.
- Monitoring exports, reexports, retransfers, and other controlled transfers of ITAR-regulated items.
ITAR and Cybersecurity
ITAR is an export control regulation, not a cybersecurity framework. However, organizations commonly implement cybersecurity controls to help prevent unauthorized access to ITAR-controlled technical data.
While ITAR does not prescribe a specific cybersecurity framework or mandate particular cybersecurity technologies, organizations remain responsible for preventing unauthorized exports and releases of ITAR-controlled technical data through appropriate administrative, physical, and technical safeguards.
Organizations frequently implement controls such as:
- Multi-factor authentication (MFA)
- Least privilege access
- Encryption
- Audit logging
- Network segmentation
- Endpoint detection and response (EDR)
- Continuous monitoring
Organizations should also carefully evaluate cloud service providers, managed service providers (MSPs), foreign ownership, control, or influence (FOCI), administrative access, remote support arrangements, backup and disaster recovery architectures, overseas data replication, and the involvement of foreign persons in administering systems. These arrangements should be reviewed to help ensure they do not result in unauthorized exports or releases of ITAR-controlled technical data.
Many defense contractors handling both ITAR-controlled technical data and Department of War Controlled Unclassified Information (CUI) implement security controls consistent with NIST SP 800-171. Depending on applicable Department of War contract requirements, organizations may also be required to complete a CMMC Level 2 self-assessment or obtain a CMMC Level 2 certification assessment, both of which evaluate implementation of the 110 security requirements in NIST SP 800-171 Revision 2. Although these programs often overlap operationally, they serve different regulatory purposes. Compliance with ITAR does not automatically satisfy CMMC requirements, and CMMC compliance does not by itself satisfy ITAR obligations.
Not sure where your organization stands with CMMC, ITAR, or federal cybersecurity requirements? The fastest way to get clarity is to talk with an expert. Book a call with our team to review your current environment, identify compliance risks, and understand what steps are required to move forward. A short conversation can help you avoid costly mistakes and focus on what matters for contract eligibility and security.
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ITAR vs. EAR: What’s the Difference?
Although both ITAR and the Export Administration Regulations (EAR) regulate exports, they apply to different categories of items.
ITAR
- Administered by the U.S. Department of State
- Applies to defense articles, technical data, and defense services identified on the United States Munitions List (USML)
EAR
- Administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS)
- Generally applies to commercial and dual-use items listed on the Commerce Control List (CCL)
Correctly classifying products, software, technical data, and services is a critical first step in determining which export control regulations apply.
Common ITAR Compliance Challenges
Organizations should:
- Correctly classify defense articles, software, technical data, and defense services.
- Restrict access to authorized personnel.
- Train employees on export control responsibilities.
- Maintain required documentation and records.
- Evaluate cloud environments, managed service providers (MSPs), third-party vendors, and support personnel for potential export control risks.
- Review administrative access, remote support, backup, disaster recovery, and data replication practices to help prevent unauthorized exports of controlled technical data.
- Obtain required export authorizations before controlled exports or releases.
- Conduct periodic compliance reviews and internal audits.
Consequences of ITAR Violations
Failure to comply with ITAR may result in:
- Civil penalties
- Criminal penalties
- Export privilege suspension
- Debarment from future exports
- Government investigations
- Consent agreements
- Significant reputational damage
Organizations should consult qualified export compliance professionals whenever questions arise regarding ITAR applicability, licensing, registration, commodity jurisdiction, classification, export authorization requirements, or other compliance obligations.
Final Thoughts
ITAR protects U.S. national security by regulating exports and controlled transfers of defense articles, technical data, and defense services. Organizations should properly classify defense articles, technical data, and defense services; understand applicable export control requirements; implement effective internal compliance programs; and establish appropriate administrative, physical, and technical safeguards to reduce the risk of unauthorized exports and support ongoing compliance.
Frequently Asked Questions
Is ITAR the same as CMMC?
No. ITAR is a U.S. export control regulation administered by the Department of State, while CMMC is the Department of War’s cybersecurity assessment program for protecting Federal Contract Information (FCI) and Controlled Unclassified Information (CUI). Although organizations may need to comply with both, compliance with one does not automatically satisfy the other.
Does ITAR require CMMC?
No. ITAR does not require CMMC certification. However, many defense contractors that handle ITAR-controlled technical data also handle DoW Controlled Unclassified Information (CUI), which may require compliance with NIST SP 800-171 and, where specified in a DoW contract, CMMC Level 2.
Does ITAR require encryption?
ITAR does not prescribe a specific encryption standard. Organizations are responsible for preventing unauthorized exports and releases of ITAR-controlled technical data and often use encryption as part of their technical safeguards.
Can foreign nationals access ITAR technical data?
Access by foreign persons may constitute an export under ITAR and generally requires prior authorization unless a regulatory exemption or other authorization applies.
Does Microsoft GCC High help with ITAR compliance?
Microsoft GCC High is designed to support U.S. government contractors that handle Controlled Unclassified Information (CUI) and export-controlled data. While many organizations use GCC High as part of their ITAR compliance strategy, using GCC High alone does not make an organization ITAR compliant. Organizations remain responsible for implementing appropriate administrative, physical, and technical safeguards and complying with applicable export control requirements.
Need Help with ITAR Compliance?
Brea Networks helps defense contractors secure ITAR-regulated environments through cybersecurity assessments, Microsoft Government cloud migrations, managed security services, and compliance consulting. We help organizations strengthen security, support regulatory compliance efforts, and prepare for evolving cybersecurity requirements.
Government Resources
Directorate of Defense Trade Controls (DDTC)
https://www.pmddtc.state.gov/
International Traffic in Arms Regulations (22 CFR Parts 120–130)
https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M
United States Munitions List (USML)
https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-121
Arms Export Control Act (AECA)
https://www.govinfo.gov/app/details/USCODE-2023-title22/USCODE-2023-title22-chap39
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About Brea Networks
Brea Networks is a cybersecurity and compliance-focused IT partner dedicated to supporting Defense Industrial Base (DIB) contractors. We help organizations understand and implement the security requirements outlined in FAR 52.204-21, DFARS 252.204-7012, and the CMMC framework. From Level 1 self-assessments to Level 2 readiness and certification preparation, our team works alongside contractors to strengthen system security, define scope, prepare documentation, and build sustainable compliance programs that protect FCI and CUI.
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