Why American Doesn't Mean ITAR: Five Common Export Myths Debunked
For many international procurement teams, particularly in Europe, the phrase "Made in the USA" often triggers an immediate assumption: "It must be ITAR."
As a result, some organizations automatically exclude American suppliers before evaluating the products themselves. The reality is that the country of manufacture does not determine whether a product is subject to the International Traffic in Arms Regulations (ITAR). In fact, the vast majority of U.S.-manufactured commercial products are regulated under the Export Administration Regulations (EAR), and many are classified as EAR99.
Let's look at five of the most common export control myths, and the facts behind them.
Myth #1: Every U.S.-Made Product Is ITAR
The Reality: This is by far the most common misconception. ITAR does not apply simply because a product is manufactured in the United States. Instead, ITAR generally applies to defense articles and defense services specifically described on the U.S. Munitions List (USML).
If a product is not subject to the USML, it is generally evaluated under the Export Administration Regulations (EAR), where it may receive an Export Control Classification Number (ECCN) or be classified as EAR99.
Thousands of American-made commercial products—including many RF connectors, cable assemblies, mechanical components, and electronic hardware—are regulated under the EAR rather than ITAR.
Myth #2: If the U.S. Military Uses It, It Must Be ITAR
The Reality: Military use alone does not determine export classification. Commercial off-the-shelf (COTS) products are routinely purchased by defense contractors and government agencies because they meet performance, reliability, or cost requirements. A commercial connector used in a military radio, aircraft, or communications system does not automatically become ITAR-controlled simply because of where it is installed.
Export classification is determined by the product's technical characteristics and the applicable U.S. regulations—not by who purchases or uses it.
Myth #3: EAR99 Means "No Export Restrictions"
The Reality: EAR99 is often misunderstood. EAR99 is not the same as "unrestricted." It means the product:
- Is subject to the Export Administration Regulations.
- Is not specifically described by an ECCN on the Commerce Control List.
- Typically does not require an export license for many destinations.
However, EAR99 products are still subject to U.S. export laws. Restrictions may apply based on:
- Destination country
- Sanctions and embargoes
- Restricted parties
- Military end uses
- Nuclear, missile, or chemical and biological weapons activities
An EAR99 classification simplifies many export transactions, but it does not eliminate export compliance responsibilities.
Myth #4: Export Classification Depends on Who Buys the Product
The Reality: A common question is, "If a defense contractor buys the product, does it become ITAR?" The answer is generally no. A product's export classification does not change simply because it is sold to:
- A defense contractor
- A commercial aerospace company
- A university
- A research laboratory
- A telecommunications company
The same commercial product typically retains the same export classification regardless of the customer. While the destination, end user, and end use can affect whether an export license is required, they do not necessarily change the product's classification.
Myth #5: Export Classification Is Just the Manufacturer's Opinion
The Reality: Responsible manufacturers do not assign export classifications based on preference or convenience. A proper classification follows a structured review of the product's technical characteristics against U.S. export regulations. The process generally includes:
- Determining whether the product is subject to the U.S. Munitions List (USML).
- If not, evaluate whether it is subject to the Export Administration Regulations (EAR).
- Reviewing the Commerce Control List for an applicable Export Control Classification Number (ECCN).
- Assigning EAR99 only if no specific ECCN applies.
Manufacturers often work with export compliance professionals and engineers and, in some cases, seek formal guidance from the U.S. government when a classification is uncertain.
Why This Matters for International Buyers
Misunderstandings about U.S. export regulations can unnecessarily limit sourcing options. Many international organizations avoid requesting quotations from American suppliers because they assume every U.S. product is ITAR-controlled. In reality, many commercial U.S. products are classified under the EAR, and many are EAR99, making them suitable for global commercial applications while remaining subject to applicable U.S. export regulations.
Understanding the difference helps procurement teams evaluate suppliers based on facts rather than assumptions.
How SV Microwave Supports Export Compliance
At SV Microwave, export classification is determined through a structured review of each product's technical characteristics and the applicable U.S. export regulations. Each product is evaluated individually to determine whether it is subject to ITAR, the EAR with an ECCN, or EAR99. We provide export classification information to support our customers' compliance efforts and help facilitate international business.
If you are unsure about the export classification of a particular product, our Compliance team can provide guidance and supporting documentation when available.
Export compliance is an important part of international business—but misconceptions should not become barriers to innovation or sourcing. The next time you hear: "We can't buy it because it's American." Remember:
- American does not automatically mean ITAR.
- Military customers do not automatically make a product ITAR.
- EAR99 does not mean unrestricted.
- Export classification is based on the product—not the buyer.
- Accurate classifications are the result of a structured regulatory review.
By understanding these principles, companies can make more informed procurement decisions and confidently engage with qualified U.S. suppliers.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal or export compliance advice. Export classifications should always be determined based on the specific product, the applicable U.S. export regulations, and the facts surrounding a particular export transaction.
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Why American Doesn't Mean ITAR: Five Common Export Myths Debunked
For many international procurement teams, particularly in Europe, the phrase "Made in the USA" often triggers an immediate assumption: "It must be ITAR."
As a result, some organizations automatically exclude American suppliers before evaluating the products themselves. The reality is that the country of manufacture does not determine whether a product is subject to the International Traffic in Arms Regulations (ITAR). In fact, the vast majority of U.S.-manufactured commercial products are regulated under the Export Administration Regulations (EAR), and many are classified as EAR99.
Let's look at five of the most common export control myths, and the facts behind them.
Myth #1: Every U.S.-Made Product Is ITAR
The Reality: This is by far the most common misconception. ITAR does not apply simply because a product is manufactured in the United States. Instead, ITAR generally applies to defense articles and defense services specifically described on the U.S. Munitions List (USML).
If a product is not subject to the USML, it is generally evaluated under the Export Administration Regulations (EAR), where it may receive an Export Control Classification Number (ECCN) or be classified as EAR99.
Thousands of American-made commercial products—including many RF connectors, cable assemblies, mechanical components, and electronic hardware—are regulated under the EAR rather than ITAR.
Myth #2: If the U.S. Military Uses It, It Must Be ITAR
The Reality: Military use alone does not determine export classification. Commercial off-the-shelf (COTS) products are routinely purchased by defense contractors and government agencies because they meet performance, reliability, or cost requirements. A commercial connector used in a military radio, aircraft, or communications system does not automatically become ITAR-controlled simply because of where it is installed.
Export classification is determined by the product's technical characteristics and the applicable U.S. regulations—not by who purchases or uses it.
Myth #3: EAR99 Means "No Export Restrictions"
The Reality: EAR99 is often misunderstood. EAR99 is not the same as "unrestricted." It means the product:
- Is subject to the Export Administration Regulations.
- Is not specifically described by an ECCN on the Commerce Control List.
- Typically does not require an export license for many destinations.
However, EAR99 products are still subject to U.S. export laws. Restrictions may apply based on:
- Destination country
- Sanctions and embargoes
- Restricted parties
- Military end uses
- Nuclear, missile, or chemical and biological weapons activities
An EAR99 classification simplifies many export transactions, but it does not eliminate export compliance responsibilities.
Myth #4: Export Classification Depends on Who Buys the Product
The Reality: A common question is, "If a defense contractor buys the product, does it become ITAR?" The answer is generally no. A product's export classification does not change simply because it is sold to:
- A defense contractor
- A commercial aerospace company
- A university
- A research laboratory
- A telecommunications company
The same commercial product typically retains the same export classification regardless of the customer. While the destination, end user, and end use can affect whether an export license is required, they do not necessarily change the product's classification.
Myth #5: Export Classification Is Just the Manufacturer's Opinion
The Reality: Responsible manufacturers do not assign export classifications based on preference or convenience. A proper classification follows a structured review of the product's technical characteristics against U.S. export regulations. The process generally includes:
- Determining whether the product is subject to the U.S. Munitions List (USML).
- If not, evaluate whether it is subject to the Export Administration Regulations (EAR).
- Reviewing the Commerce Control List for an applicable Export Control Classification Number (ECCN).
- Assigning EAR99 only if no specific ECCN applies.
Manufacturers often work with export compliance professionals and engineers and, in some cases, seek formal guidance from the U.S. government when a classification is uncertain.
Why This Matters for International Buyers
Misunderstandings about U.S. export regulations can unnecessarily limit sourcing options. Many international organizations avoid requesting quotations from American suppliers because they assume every U.S. product is ITAR-controlled. In reality, many commercial U.S. products are classified under the EAR, and many are EAR99, making them suitable for global commercial applications while remaining subject to applicable U.S. export regulations.
Understanding the difference helps procurement teams evaluate suppliers based on facts rather than assumptions.
How SV Microwave Supports Export Compliance
At SV Microwave, export classification is determined through a structured review of each product's technical characteristics and the applicable U.S. export regulations. Each product is evaluated individually to determine whether it is subject to ITAR, the EAR with an ECCN, or EAR99. We provide export classification information to support our customers' compliance efforts and help facilitate international business.
If you are unsure about the export classification of a particular product, our Compliance team can provide guidance and supporting documentation when available.
Export compliance is an important part of international business—but misconceptions should not become barriers to innovation or sourcing. The next time you hear: "We can't buy it because it's American." Remember:
- American does not automatically mean ITAR.
- Military customers do not automatically make a product ITAR.
- EAR99 does not mean unrestricted.
- Export classification is based on the product—not the buyer.
- Accurate classifications are the result of a structured regulatory review.
By understanding these principles, companies can make more informed procurement decisions and confidently engage with qualified U.S. suppliers.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal or export compliance advice. Export classifications should always be determined based on the specific product, the applicable U.S. export regulations, and the facts surrounding a particular export transaction.