# Export Controls for Electronics: What EAR and ITAR Mean for Founders

US export control regulations — EAR and ITAR — apply to electronics hardware, software, and technology based on their technical characteristics, not just their end use. They can restrict where you ship, who you hire, and how you share technical documentation — even within your own company across national borders. Most hardware founders don't find out they're in scope until they're already in violation.


## Transcript

### Export controls apply to technology, not just physical shipments

US export control regulations aren't just about what you ship — they cover technical data too, like schematics and firmware, and who you share it with. Sharing a design with an engineer abroad, or hiring a foreign national on controlled tech, can be a violation.

### EAR vs ITAR — and which applies to your hardware

Two regimes cover electronics. The EAR, from Commerce's Bureau of Industry and Security, covers commercial and dual-use goods classified by ECCN — a letter plus four digits, like 3A001. Most low-sensitivity electronics are EAR99, needing no license except to embargoed destinations. ITAR, from the State Department's DDTC, covers the US Munitions List — far stricter, and one ITAR component can pull the product onto it.

### What to do if you're uncertain

Classify your product against the Commerce Control List. If it's general commercial electronics with no encryption or military-specific design, it's likely EAR99 — document that. If it includes strong encryption or defence-related components, get a formal ECCN opinion. Screen customers against the Denied Parties List.

Tags: export controls, EAR, ITAR, dual-use, hardware compliance