[61][needs update]. [27]:31[34]. It does not authorize export to the employee's country of Dual or Third Nationality.[27]. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. The prohibition on Retransfer stems from the requirement for all export authorizations to include the statement that "[t]he technical data or defense service exported from the United States in furtherance of this agreement and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained."[30]. Embargoes sanctions (CRIMEA - REGION OF UKRAINE, CUBA, IRAN, NORTH KOREA, and SYRIA) prohibit ALL transactions (including imports and exports) without a license authorization. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. 01/18/2023, 41 Export Enforcement Actions in the Past Year", "The Defense Trade Cooperation Treaties with the United Kingdom andAustralia Advance the American Interest | The Heritage Foundation", "Chinese Rocket Launches French Communications Satellite Into Orbit | China Rocket Launches & Satellites | China Space Program", ITAR free SPACEBUS 4000B2: avionic block diagram, "INITIATIVE FOR A RENEWED TRANS-ATLANTIC PARTNERSHIP, A WORKING PAPER, TRUSTED PARTNERS: SHARING TECHNOLOGY WITHIN THE U.S.-UK SECURITY RELATIONSHIP", "Australia: Background and U.S. Relations", "The Seattle Times: Business & Technology: Separation anxiety: The wall between military and commercial technology", "Brazilian brigadier bashes US defense export policies on YouTube | The DEW Line", "Brazil favors France's Rafale jet minister", "Minutes of the October 21, 2008 Plenary Session", "Love Rocks: CASA's $600M Venezuelan Plane Sale Hits Heavy Turbulence, Crashes", "Venezuela EUA Impedem Embraer de vender Super Tucanos Venezuela Defesa@Net", "Military of Venezuela profile. [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. documents in the last year, 37 An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. The Department of State Directorate of Defense Trade Controls (DDTC) interprets and enforces ITAR. 01/18/2023, 284 The Department of State defines Dual and Third Country Nationality as follows: Although "nationality" is not defined under ITAR, it is accepted that the U.S. Government will take country of origin[27] and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality. Exports or temporary imports of defense articles or defense services to countries that the Secretary of State has determined to be State Sponsors of Terrorism are prohibited under the ITAR. Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email DDTCCustomerService@state.gov. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. Federal Register issue. Federal Register provide legal notice to the public and judicial notice U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. The current list includes China, Iran, and other countries. u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. Use the Consolidated Screening List Search Engine. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. 22 U.S.C. Director, Office of Directives Management, Department of State. ITAR does not apply to information related to general scientific, mathematical or engineering principles that are commonly taught in schools and colleges or information that is in the public domain. [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. ITAR Prohibited Countries: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, N. Korea, Syria, Vietnam, Myanmar (formerly Burma), China, Haiti, Liberia, Rwanda, Somalia, Sudan, or Democratic Republic of the Congo (formerly Zaire), any UN Security Council arms embargoed country (e.g., for certain exports to Rwanda). [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. When you apply for the license however, that is when the country may become important. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.[48]. The AECA and ITAR were enacted in 1976 during the Cold War with USSR and were intended to implement unilateral arms export controls that reflected those imposed on Eastern Bloc countries by the multilateral Coordinating Committee for Multilateral Export Controls.[15][16]. Munitions List) may only be shared with US persons unless authorization from the Department of State is received to export the material or information to a foreign person. corresponding official PDF file on govinfo.gov. Contact the Bureau of Industry and Security. The list is updated every now and then, so be sure to check it regularly. (Best viewed in Chrome and Firefox). ITAR is part of a web of laws and regulations prohibiting U.S. individuals and companies from engaging in business with prohibited/sanctioned countries and persons for various economic, financial, anti-terrorism and human rights reasons. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. on Export Controls". For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students[9] and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles. A Rule by the State Department on 03/18/2021. International Traffic in Arms Regulations - ITAR Prohibited Countries The API has Fuzzy Name Search capabilities as well. "[105] Thales Alenia had long complained that "every satellite nut and bolt" was being classified as ITAR-restricted, and the European Space Agency accused the United States of having no real interest in protecting U.S. satellite technology. by the Farm Credit System Insurance Corporation Administered by the US Department of State, ITAR imposes controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items - also known . These links are also embedded into the CSL search engine and CSL downloadable files. [71] U.S. companies point to announcements in Europe by TAS (Thales Alenia Space) promoting their "ITAR-free" telecommunication satellites. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. A US defense company sends end-to-end encrypted ITAR technical data to a U.S. entity working at the company's office in Germany. In addition, an exception, valid for six ITAR - International Traffic in Arms Regulations Afghanistan Belarus Burma Central African Republic China Cuba* Cyprus Democratic Republic of the Congo Eritrea Haiti Iran* Iraq Kyrgyzstan Lebanon Libya North Korea Russian Federation and occupied Crimea Somalia Sudan Syria* Venezuela Zimbabwe EAR - Export Administration Regulations Armenia documents in the last year, 28 [101] ITAR has been blamed for "destroy[ing] an industry," reducing the market share of U.S. satellite makers by almost 25% from 1997 to 2007. L. 112-74; E.O. edition of the Federal Register. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. L. 108-375; Sec. to the courts under 44 U.S.C. [90][91], This means that a person who was born in the UK but is a U.S. permanent resident working in the U.S. for a U.S. company will be considered a U.S. person only (under the definition of "US person"). Example: General Dynamics Land Systems was fined US$20m in 2004 for breaches of the AECA by its predecessor, GM Defense, that included access to USML items by unauthorized Dual Nationals. The Department of Defense is also involved in the review and approval process. [56][57] The U.S. Government may also require U.S. exporters that are party to an export authorization to develop a "Technology Transfer Control Plan" specific to that export authorization. It is not an official legal edition of the Federal [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. The President of the United States manages the operations of the Executive branch of Government through Executive orders. The ITAR Regulatory Framework Defense-related articles and services on the United States Munitions List (USML)[2] are covered by the ITAR, which implement the provisions of the Arms Export Control Act (AECA), and are described in Title 22 (Foreign Relations), Chapter I (Department of State), Subchapter M of the Code of Federal Regulations. 2021-05530 Filed 3-17-21; 8:45 am], updated on 4:15 PM on Tuesday, January 17, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. (l) Russia. on Person", "U.S. rules for defence company in Quebec violate rights: commission Montreal CBC News", "How to Avoid Discrimination in Hiring, While Complying with Export Laws | Connecticut Employment Law Blog", "I: Introduction What is a "deemed export" under the EAR/ITAR", "A short history of export control policy", "An Overreaction that Destroyed an Industry: The Past, Present, and Future of U.S. Satellite Export Controls", "Commercial Space Transportation Quarterly Launch Report", "Rocket malfunction causes satellite to not reach preset orbit", "U.S. Satellite Component Maker Fined $8 Million for ITAR Violations", "Caleb Henry, New US Satellite Export Reforms Gets Positive Response from Industry, in Via Satellite, May 16, 2014", "U.S. ITAR satellite export regime's effects still strong in Europe", "Thales Alenia Space: U.S. The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. developer tools pages. It is the policy of the United States to deny licenses or other approvals for exports of defense articles and defense services destined for Russia, except that a license or other approval may be issued, on a case-by-case basis: (1) For government space cooperation; and. The ITAR regulate defense articles and defense services. All the tools are updated automatically every day at 5:00 AM EST/EDT. Munitions List (USML). If she did not obtain Canadian citizenship but instead became a temporary or permanent Canadian resident, she would be treated as a British third country national for the purposes of such U.S. export authorization.[28]. This is similar to the concept of "Deemed Exports" used by the Bureau of Industry and Security within the Department of Commerce in administration of the Export Administration Regulations although the Department of State does not use the term "Deemed Export"[23] (see also "Restrictions on Dual and Third Country Nationals below"). The OFR/GPO partnership is committed to presenting accurate and reliable chapter 35. [18] The U.S. Department of State has published 29 instances of Consent Agreements (agreements entered into by parties charged with breaches of ITAR) since 1999.[4][when?] [55], Because failure to implement an effective export compliance program can be an exacerbating factor in the event of a breach of ITAR,[48] the U.S. Government encourages U.S. exporters to implement internal export compliance programs. For the Russian news agency, see, International Traffic in Arms Regulations, Restrictions on Retransfer to Dual Nationals and Third Country Nationals, Harm to U.S. commercial and academic interests, Academic work and the "Fundamental Research Exemption", Restrictions on Dual and Third Country Nationals. This PDF is 5), which authorizes the temporary or permanent export of defense articles and/or technical data to a foreign person (but not technical assistance or defense services); a Warehouse and Distribution Agreement which is an agreement to establish a warehouse or distribution point abroad for defense articles to be exported from the United States for subsequent distribution to entities in an approved sales territory; a Technical Assistance Agreement ("TAA") which authorizes a U.S. manufacturer/service provider to supply defense services to a foreign person (which could involve training or technical discussions regarding U.S. technology); a Manufacturing License Agreement ("MLA") which authorises a U.S. manufacturer to supply manufacturing know-how related to defense articles to a foreign person. Certain destinations, organizations and individuals are subject to trade sanctions, embargoes and restrictions under U.S. law. Department of State Bureau of International Security and Non-proliferation. Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. [97][99], After the failed launches of Apstar 2 (1995) and Intelsat 708 (1996), both on Chinese rockets, the satellite insurance companies required the satellite manufacturers to work with China to investigate the failures. [106], ITAR remains a major concern in the European aerospace industry as of 2016. Information about this document as published in the Federal Register. daily Federal Register on FederalRegister.gov will remain an unofficial 7089, Pub. From this API, any company can build a search engine to quickly find names, aliases, and other screening information. In simplified terms, an export often implies a transfer of restricted information, materials, equipment, software, and so on, to a foreign person or foreign destination by any means. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. Munitions List and 600-series items controlled by the Commerce Control List; (3) Information covered by an invention secrecy order; or, (4) Software (see 22 CFR 120.40(g)) directly related to defense articles. Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. rendition of the daily Federal Register on FederalRegister.gov does not CUI is relatively new, within the last 3 years or so, the information "leaked" was likely ITAR which is the International Traffic in Arms Regulations. [94] Foreign employees working in the US cannot have access to the same network where ITAR data may be stored, nor may they have access to rooms or facilities where ITAR work is being done. [41], In most cases, penalties against corporate entities involve a mandatory compliance component requiring the entity to spend funds on compliance measures, including the appointment of "Internal Special Compliance Officers". The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act (APA), pursuant to 5 U.S.C. 1401 Constitution Ave NW Where is OFAC's country list? This compares to 12 Consent Agreements in the preceding 22 years. Privacy| Accessibility | Nondiscrimination, EXPORT CONTROLLED OR EMBARGOED COUNTRIES, ENTITIES AND PERSONS, Berkeley Research Infrastructure Commons (RIC), Countries with restricted entities on the EAR Entity Chart, Office of Foreign Assets Control (OFAC) Embargoed Countries Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma) and Sudan, OFAC Listed Countries and Territories Subject to Sanctions Liberia, Iraq, Zimbabwe, Balkans, Libya, Cote D'Ivoire (formerly Ivory Coast) and the Palestinian Territories, OFAC Specially Designated Nationals and Blocked Persons List. This feature is not available for this document. Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME. Part 566; and Executive Order 13846. documents in the last year, by the Engineers Corps and the Environmental Protection Agency The United States government has put two types of regulations in place to control exports of military-relevant items: ITAR, which cover weapons and defense articles specifically (such as missiles); and the Export Administration Regulations, which cover items that may have uses in defense articles (such as a radar component used in a certain missile). Use the Consolidated Screening List Search Engine. The exemptions provided in this subchapter, except 123.17, 126.4 (a) (1) or (3) and (b) (1), and 126.4 (a) (2) or (b) (2) when the export is destined . Copyright UC Regents. (See the lists of controlled technologies for guidance about WHAT may be sent.). An explanation of the International Traffic in Arms Regulations (ITAR) and how they control the sale of defense items and defense services. documents in the last year, 1487 If, however, the same person emigrated to Canada, obtained Canadian citizenship and commenced employment with a Canadian company, she would be treated as a Canadian-British dual national for the purposes of any U.S. export authorization to which her employer was a party. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. documents in the last year, 16 For the reasons set forth above, title 22, chapter I, subchapter M, part 126 is amended as follows: 1. Max Blenkin, "Fighter Deal Stalls on Secret Technology", Learn how and when to remove this template message, Coordinating Committee for Multilateral Export Controls, Under Secretary for Arms Control and International Security, "U.S. State Department Policy Directorate of Defense Trade Controls", "US State Department Policy Directorate of Defense Trade Controls", SUBCHAPTER MINTERNATIONAL TRAFFIC IN ARMS REGULATIONS, PART 120PURPOSE AND DEFINITIONS, "#08-449: 05-20-08 University Professor and Tennessee Company Charged with Arms Export Violations", "Proposed Charging Letter: July 24, 2008: Jay A. Brozot", "Acquitted Export Defendant Seeks Legal Fees from USG", "Prosecutors Reverse Course in China Spy Case The New York Sun", "Chinese Spy 'Slept' In U.S. for 2 Decades", "DSP-5 Export License Application Requirements", "Obama signs law easing satellite export controls", "121.1 The United States Munitions List", "Update Day 1: State Department Export Controls", "Hondura: Failing to Protect its People", "Guidelines for Preparing Electronic Agreements (Revision 4.1)", "Microsoft Word US Export Controls Guidance for Australian Companies _August 07_.doc", Venezuela Threatens to Sell F-16 Fleet to Iran, "GUIDELINES FOR COMPLETION OF THE APPLICATION FORM DSP-5", "Background Briefing 24 August 2008 Defence and discrimination", "Proposed Charging Letter: June 9, 2008: Wanda Denson-Low", "General Motors Corp. and General Dynamics Corp., Draft Charging Letter", "Luxembourg Company Agrees to $25 Million Fine for Illegal Exports", "Smuggler of U.S. military equipment to Taiwan pleads guilty", "Three men indicted in scheme to illegally export night vision goggles to Vietnam", "End-Use Monitoring of Defense Articles and Defense Services Commercial Exports FY 2012", "RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL POLICY, Report to Congress, Section 1248 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111 84)", "Bill Eases Export Rules on Commercial Satellites", "ITAR Dilemma: Finding The Balance Between Regulation And Profit Page 1 of 3:: Via Satellite", "Balancing the Needs for Space Research and National Security in the ITAR", "Electronic Code of Federal Regulations, Title 22, Chapter I, Subchapter M, Part 120", "UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS, FUNDAMENTAL RESEARCH OVERRIDES DEFENSE SERVICES", "Export Control Applicability and Policy Background, and Regulatory Authority", "NASA Procedural Requirements Appendix E. NASA Fundamental Research Designation Guidelines", "Negotiating and Managing University/Industry Collaborative Space Science: An Academic Perspective", "#07-807: 10-11-07 Fact Sheet: Major U.S. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . documents in the last year, 675 [103], In May 2014, the United States Department of State reclassified satellites and several related components so they will no longer be treated as munitions whose export is controlled by ITAR, but will be covered instead under the Export Administration Regulations. documents in the last year, 480 In 2008, officials at the Department of State dismissed the burden on industry and educational institutions as minor compared to the contributions to national security provided by ITAR. documents in the last year, 946 A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restriction. Since the Department is of the opinion that this rule is exempt from 5 U.S.C 553, it is the view of the Department that the provisions of Section 553(d) do not apply to this rulemaking. Further, the Department is amending ITAR 126.1(a) to allow exporters to use the exemptions provided in ITAR 126.4(a)(2) and (b)(2) for exports to Russia when in furtherance of government space cooperation. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. provide legal notice to the public or judicial notice to the courts. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". Register documents. [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. The ITAR contain a list of defense articles called the US Munitions List ("USML"), which can be found at 22 CFR 121.1. [21] Registration fees start at US$2,250 per year. More information and documentation can be found in our These markup elements allow the user to see how the document follows the In addition to the embargoed countries, ITAR proscribes additional non-embargoed countries that are prohibited from receiving defense articles or technical data on the International Traffic in-Arms (ITAR) U.S. International Traffic in Arms Regulations ( ITAR) is a United States regulatory regime to restrict and control the export of defense and military related technologies to safeguard U.S. national security and further U.S. foreign policy objectives. ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, We optimized our duplicate algorithm so that full names and aliases do not appear twice. In serious cases, a party may be debarred from future exporting for a period of time. Learn more here. [citation needed], Theoretical access to USML items by foreign persons (including dual and third country nationals) can create difficulties for the engagement of IT professionals from overseas as network administrators or the use of overseas companies to support IT systems. The export authorization may take the form of: Where the export authorization relates to USML items that are classified information or are identified as "Significant Military Equipment"[8]:120.7 on the USML, a DSP-83 Nontransfer and Use Certificate will also be required. documents in the last year, 117 [8]:120.16 This means that, for example a foreign person who is visiting the U.S. will remain a foreign person for the purposes of ITAR and any export of USML items to them inside the U.S. must be subject to an export authorization. ITAR violations can be harmful to the national security and foreign policy of the U.S., and may result in civil penalties, criminal penalties, and other costs (including loss of reputation and revocation/ rejection of export licenses). (2) Classified information relating to defense articles and defense services on the U.S. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. Contact the Office of Foreign Assets Control. Technical data is defined in the ITAR at 22 CFR 120.33 as: (1) Information, other than software as defined in 22 CFR 120.40(g), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. A flash suppressor for the M4 rifle then follows in paragraph (e): *(e) Silencers, mufflers, sound and flash suppressors for the articles in (a) through (d) of this category and their specifically designed, modified or adapted components and parts. the official SGML-based PDF version on govinfo.gov, those relying on it for "[60], The political changes in 2012 came after several years of a gradual shift in thinking. Document page views are updated periodically throughout the day and are cumulative counts for this document. You will find them in the columnsource_information_urlfor each listed entity. If you intend to ship to a country, entity or person that appears on a restricted list, contact the Associate Vice Chancellor for Research, EMBARGOED OR OTHERWISE RESTRICTED DESTINATIONS, ORGANIZATIONS OR INDIVIDUALS. offers a preview of documents scheduled to appear in the next day's Check if products are on US Munitions list (USML). This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. However, there are certain standards companies are expected follow and comply with. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of enumerated countries with respect to which it is the policy of the United States to deny licenses and other approvals for exports and/or imports of defense articles and defense services, except as otherwise provided. A .gov website belongs to an official government organization in the United States. Countries with Restricted Parties on the EAR Entity List China, Canada, Germany, Iran, India, Israel, Pakistan, Russia, Egypt, Malaysia, Hong Kong, Kuwait, Lebanon, Singapore, South Korea, Syria, Ukraine, United Arab Emirates the United Kingdom. documents in the last year, 1401 Clauses approved by the U.S. Department of State must be included in TAAs and MLAs in order to authorize access to USML items by Dual and Third Country National employees of foreign parties to the export authorization. Share sensitive information only on official, secure websites. This rulemaking does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments.
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