US ITAR and EAR - Export Control and Data Security ITAR 120.5(b) and EAR 734.3(b)(1): Handle mixed ITAR and EAR shipments and data under the correct authority

Items on the USML are not subject to the EAR (734.3(b)(1)(i)). A State Department licence may also authorise items subject to the EAR when the purchase documents include both USML and CCL items, the EAR items are for end use in or with the defense article, and they are listed in a USML '(x)' paragraph entry (123.1(b)); an ITAR exemption may carry an EAR item only when it is for use with, and shipped with, a defense article (120.5(b)(2)). Putting an EAR item on a State licence does not change its jurisdiction: later reexports and transfers of that item remain under the EAR, and the exporter must give the end user and consignees the ECCN or EAR99 designation of each EAR item shipped under the State authorisation (123.9(b)(2)).