Navigating the Rules: A Guide to U.S. Export Regulations for Civil Aircraft & Parts

Introduction:
For anyone in the business of buying, selling, or maintaining aircraft, understanding U.S. export regulations isn’t just a good idea—it’s a legal necessity. A simple misstep, whether it’s a spare part for a business jet or an entire engine, can lead to massive fines, seizure of goods, or even a ban on future exports.
This guide breaks down the complex world of U.S. export controls for civil aviation, giving you a clear, fact-checked overview of what you need to know to stay compliant.

The Key Regulatory Regimes

When exporting civil aircraft and their components, four main regulatory bodies and their rules come into play:

• Export Administration Regulations (EAR): Administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), EAR governs “dual-use” goods, which are primarily civil items that may have military applications. Most civil aircraft, engines, and parts are controlled under EAR. (BIS EAR overview)

• International Traffic in Arms Regulations (ITAR): Managed by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), ITAR controls defense articles and services. Certain aircraft parts or engines designed specifically for military use fall under ITAR jurisdiction. (DDTC ITAR overview)

• FAA Export Airworthiness Approvals: The Federal Aviation Administration ensures that aircraft and components meet airworthiness standards before export, governed by 14 CFR Part 21 Subpart L. (eCFR 14 CFR Part 21 Subpart L)

• U.S. Sanctions & Embargo Laws: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) enforces sanctions laws restricting exports to specific countries, individuals, or entities, irrespective of EAR or ITAR status. (OFAC sanctions programs)

The Critical Question: EAR or ITAR?

Determining whether EAR or ITAR applies is a critical compliance step:

• EAR is the default for most civil aviation items, including parts, avionics, and engines for commercial use, unless they possess military-specific features.

• ITAR applies if an item is specifically designed, modified, or intended for military use, such as military aircraft parts, defense-related engines, or specific flight control or navigation systems.

• Controlled items are listed on positive control lists: the U.S. Munitions List (USML) for ITAR and the Commerce Control List (CCL) for EAR, each with classification tools such as the Export Control Classification Number (ECCN). (USML and CCL Overview)

What is “U.S. Origin”?

U.S. export controls can apply even if the aircraft or parts are made outside the United States due to:

• De-minimis Rules: Foreign-made products containing more than a certain percentage of U.S.-origin controlled content (parts, software, technology) may be subject to U.S. export regulations.

• Re-export and Redistribution: Items originally exported from the U.S. remain subject to EAR controls when shipped again to other countries.

(BIS de minimis explanation)

FAA Airworthiness Approvals

Before export, an Export Certificate of Airworthiness or similar FAA approval is required, as mandated by 14 CFR Part 21 Subpart L. This certifies the aircraft, engine, or part complies with type design and is safe for operation.

(FAA Export Airworthiness Overview)

Checking the Final Destination & End-User

Beyond classification, you must verify:

• Embargoed Countries: Export prohibitions exist for countries such as Iran, North Korea, Syria, Cuba, and others.

• Denied Parties: U.S. government maintains lists such as BIS Entity List, OFAC’s Specially Designated Nationals (SDN) list, and others that restrict transactions.

• End-Use Restrictions: You are liable if you knowingly export items for prohibited uses, including military applications, even if the goods are EAR-controlled.

(BIS Denied Parties List)
(OFAC SDN List)

The Cost of Non-Compliance

Penalties for violating U.S. export laws include:

• Large Fines: Civil and criminal penalties can reach millions of dollars.

• Imprisonment: Criminal violations may result in jail time for responsible individuals.

• Revocation of Export Privileges: Companies can lose their ability to export.

• Reputational Damage: Non-compliance harms trust and business opportunities.

(BIS penalties overview)

Practical Steps for Aircraft Professionals

To avoid compliance issues:

• Classify items accurately under EAR or ITAR with correct ECCN or USML category.

• Assess U.S.-origin content in foreign-made products.

• Verify end-users and destinations against denied party and embargo lists.

• Obtain FAA Export Certificate of Airworthiness as required.

• File proper export documentation, such as Electronic Export Information (EEI) filed through the Automated Export System (AES).

• Seek expert advice from export control legal counsel or consultants.

Key Implications for Aircraft Transactions

Export regulations affect:

• Deal Structures: Sales or leases may trigger licensing needs.

• Costs and Timelines: Licensing and approvals can delay deals and increase expenses.

• Documentation: Buyers and financiers often require proof of compliance.

• Valuation: Non-compliant aircraft or unclear export histories may reduce market value.

Conclusion

U.S. export regulations in civil aviation are complex but mandatory. Whether you are a broker, maintenance provider, or operator, a clear understanding of EAR, ITAR, FAA airworthiness approvals, and U.S. sanctions ensures legal and smooth transactions. Integrating export compliance into your processes mitigates risks and protects your business.