ITAR & EAR Export Controls On Firearms - Five Important Points You Need To Know

In January 2020, the U.S. Departments of State and Commerce published regulations transferring certain firearms, ammunition, components, and accessories from controls under the International Traffic in Arms Regulations (ITAR) to the Export Administration Regulations (EAR). Specifically, State amended Categories I, II and III of the U.S. Munitions List (USML) to transfer certain firearms, including non-automatic and semi-automatic firearms up to .50 caliber (12.7mm) inclusive, from the USML to the Commerce Control List (CCL) under the EAR, along with certain ammunition, parts, accessories and attachments. At the same time, Commerce issued companion regulations establishing controls for the newly transferred items under the EAR. The result of these parallel actions by State and Commerce is a complex, bifurcated system of export controls on firearms and related items. The firearms industry in particular must now navigate both the ITAR and EAR and understand when and how