ITAR is a a US regulation enforced by the Department of Commerce.
The onus is on the exporter in the USA to make sure they have the proper paperwork to export.
Since the USA has such a huge captive market and the paperwork to export is like doing a tax return most US sellers won't bother with outside CONUS.
Some of the bigger guys (Optics Planet for example) will even refuse to ship non-restricted items because it subjects them to extra scrutiny.
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