For jurisdiction purposes, companies must determine if the USML (United States Munitions List) as proscribed in the ITAR (International Traffic in Arms Regulations) or the CCL (Commodity Control List) as proscribed in the EAR (Export Administration Regulations) applies to their products or services.
(ITAR is governed by the Department of State/DDTC and EAR is governed by the Department of Commerce/BIS)
When in doubt, companies may submit a Commodity Jurisdiction to the Department of State who governs the ITAR and USML – they essentially have the first right of refusal in determining jurisdiction. Once jurisdiction has been established, then you need to categorize your products or service accordingly on the USML or CCL. http://pmddtc.state.gov/commodity_jurisdiction/index.html
This may sound confusing – even contradictory – to some, and it is. It is a complex and often convoluted process. Current Export Control Reform initiatives are in process to change and improve the situation, but the outcome is yet to be seen. http://pmddtc.state.gov/ECR/index.html