Electronic warfare hardware sits at the intersection of high-risk technology and national security policy. For engineers, integrators, and hobbyists who design, build, or move radio-frequency and sensing systems across borders, the first rule is this: determine jurisdiction before you speak publicly, ship hardware, or share source code. The U.S. export control regime is split between the International Traffic in Arms Regulations administered by the State Department and the Export Administration Regulations administered by the Commerce Department. Items that are defense articles listed on the U.S. Munitions List are controlled under ITAR; items not on the USML may fall under the EAR and the Commerce Control List.

Step 1: Establish jurisdiction, fast

  • Ask whether the item is a defense article on the USML. If it is, ITAR almost always applies and you must be registered with DDTC to export, disclose technical data to foreign persons, or provide defense services. If it is not on the USML it may be on the Commerce Control List or be EAR99. The legal and operational consequences differ significantly between ITAR and EAR.

  • When in doubt, submit a Commodity Jurisdiction request to the Directorate of Defense Trade Controls. DDTC will determine if the item is a defense article and therefore ITAR-controlled. Use the official submission process and supporting technical documentation. DECCS is the portal used by DDTC for CJ and licensing interactions. Expect initial responses but plan for multi-week review cycles.

Step 2: Know the EAR side of the street

  • In the electronics space a major milestone of U.S. export policy moved many military electronics off the USML and onto the Commerce Control List as so-called 600 series ECCNs. ECCNs such as 3A611 and companion entries for software, test equipment and technology were created to capture military electronics that no longer resided on the USML but still require significant controls. If your EW component or assembled system is not on the USML, check the 600 series ECCNs closely. The 600 series contains catch all language for items “specially designed” for military use.

  • To get a definitive Commerce classification, submit a commodity classification request through BIS. BIS maintains guidance on using the Commerce Control List and a formal process for requests through its SNAP-R portal. An official ECCN will tell you the reasons for control and whether a license is required to a given destination.

Step 3: Apply the technical tests, not marketing copy

  • Regulators look to form, function, and performance. Marketing language like “for defense use” does not make an item ITAR. Conversely, technical parameters that enable jamming, direction finding, high-power transmit capability, sophisticated signal processing, or integration with military platforms will push classification toward ITAR or a tightly controlled ECCN under EAR. Document the metrics someone will ask for: frequency ranges, output power, beamforming capability, anti-jam capability, real-time direction finding or geolocation features, payload integration details, latency and control interfaces, and software algorithms that perform EW functions.

  • Pay special attention to the regulatory definition of “specially designed.” That phrase is applied throughout the CCL 600 series and the USML when deciding whether components and accessories fall under control. If a PCB layout, RF front end, FPGA bitstream, or test set is specially designed for a defense end item, it may be controlled even if superficially similar commercial parts are not.

Step 4: Check license requirements and licensing policy

  • Licensing depends on the ECCN or USML category, the destination country, the end user and end use, and the presence of denied parties or embargoes. Some 600 series ECCNs carry national security and anti-terrorism reasons for control which commonly require BIS licenses for exports to many countries. ITAR-controlled items require State Department licenses with a separate set of policies and review factors. Read the reasons for control in the ECCN or the specific USML paragraph to know what triggers a license.

  • For EAR-controlled items, BIS provides a country chart and license requirement tables; for ITAR items, licensing is handled by DDTC. If you export to certain countries or to an entity or person on a restricted list, expect a license denial or a long licensing process. If the intended end use is military or violates nonproliferation or counterterrorism rules, do not assume approval. Plan alternatives like U.S.-only work, domestic sales, or redesign to exclude controlled features.

Step 5: Understand deemed exports and technical data

  • Export rules control not only shipments but also disclosures to foreign persons inside the U.S. A foreign national engineer who sees controlled design drawings, source code, FPGA bitstreams, or performance test data may trigger a deemed export. Under ITAR, technical data and defense services are tightly restricted. Under EAR, technology transfers to foreign nationals may be subject to licensing depending on ECCN and destination. Include this risk in hiring, collaboration, and research plans.

Step 6: Compliance steps you can and should implement now

  • Do a classification triage. Create a short technical spec sheet for each product or module: frequency bands, peak and average RF power, modulation formats, signal processing functions, control interfaces, and intended users. That sheet is what you will rely on for CJ or ECCN requests.

  • Use CJ requests for doubt on USML coverage. Use BIS classification requests for EAR classification. Keep the official determination documents in your compliance files.

  • Register with DDTC if you manufacture, broker, or export defense articles or furnish defense services as defined by ITAR. For EAR-covered items, get an EAR internal policy, designate a responsible export compliance officer, and enroll in SNAP-R for submissions.

  • Screen customers and consignees. Use denied party screening software, keep records of user attestations, and include contractual clauses that forbid military end use or resale when applicable.

  • Lock down technical data. Limit access to source code, test data, and detailed schematics to U.S. persons where appropriate, and maintain logs of who accessed files and when. Consider compartmentalization of design tasks to reduce deemed export risk.

  • Keep records. The EAR and ITAR have recordkeeping requirements. Save CJ and ECCN determinations, license applications and approvals, shipping records, and end use/end user documentation for the required retention period.

Penalties and enforcement

  • Violations carry serious consequences. Criminal penalties under the Arms Export Control Act and related statutes can include fines and imprisonment. Civil monetary penalties under ITAR can be substantial, and BIS may impose administrative fines, deny export privileges, and refer matters for criminal prosecution. Enforcement is active; BIS, DDTC and other federal agencies investigate unauthorized exports and technical disclosures. Treat export compliance as an operational risk, not a paperwork exercise.

Design and commercialization options to reduce friction

  • Segmentation. Separate controlled from uncontrolled functionality in software and hardware. Offer a commercial version that omits or disables capabilities that trigger military classification. Maintain strict configuration control so you can prove the difference in audits and licensing reviews.

  • Licensing path. For legitimate defense sales pursue ITAR licensing early, and for dual use commercial products plan for EAR licensing contingencies. Where possible, design to ECCNs with broader license exceptions or to EAR99 where lawful.

  • Partner choice. Be cautious with foreign partners and subcontractors. If a partner will receive controlled technical data or hardware, you may need a license and brand new contractual compliance controls. Consider U.S.-only subcontractors for controlled items.

When to ask for help

  • If any of the following are true, seek counsel or professional help. The product has high transmit power, high sensitivity, specialist anti-jam or direction-finding capability, integration with military platforms, classified customers, or intended export to sensitive destinations. Also consult when internal analysis yields ambiguous classification. Commodity Jurisdiction requests and formal ECCN classification requests are tools to remove ambiguity but they require complete technical documentation and can take time.

Final note for practitioners

Export control compliance for EW hardware is technical work. Treat it like a systems engineering problem. Identify the control points, document the decisions, and design the product and supply chain with regulatory constraints in mind. That approach keeps projects moving while avoiding costly enforcement actions or halted shipments. When you plan exports and collaborations with an explicit understanding of ITAR, EAR, CJ, ECCN and the penalties for failure you will save time and avoid the most dangerous mistakes: inadvertent transfers that become enforceable violations.