The Department of State Directorate of Defense Trade Controls (DDTC) interprets and enforces ITAR. 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. In this Issue, Documents on NARA's archives.gov. 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. [20], All U.S. manufacturers, exporters, and brokers of defense articles, defense services, or related technical data, as defined on the USML, are required to register with U.S. Department of State. [107], United States law preventing export of military technologies, "ITAR" redirects here. (Sub-Saharan) Africa | East Asia and the Pacific | Europe and Eurasia | Near East (Middle East and Northern Africa) | South and Central Asia | Western Hemisphere Facilities and Areas of [] 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. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. 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.[1]. While every effort has been made to ensure that Restrictions on access to USML items by Dual and Third Country National employees of foreign persons essentially forces foreign persons to discriminate against their employees who do not meet the nationality criteria under an export authorization. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. Learn more about each below. [30] This means that, for example, a TAA that includes a British company as the foreign person, but which does not include clauses authorizing access by Dual and Third Country Nationals will limit access to USML items supplied under the TAA to employees of the British company who are British citizens only. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. the "effective procedures" requirement may be satisfied by: (i) a security clearance approved by the host nation government for its employees or (ii) the employer screening the employee for "substantive contacts" with restricted countries (i.e., 126.1 countries), maintaining a tscp and requiring that the employee sign a nondisclosure agreement on 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]. 01/18/2023, 159 Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. "[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. Likewise, access to USML items on corporate systems, such as intranets, by foreign persons overseas or in the U.S., is considered a Retransfer of the items. The Department of State insists that ITAR has limited effect and provides a security benefit to the nation that outweighs any impact that these sectors must bear. Pursuant to this determination, the Department of State published Federal Register Notice Determination Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 on March 18, 2021. Share sensitive information only on official, secure websites. DDTC also approved a tremendous volume of licenses for exports, reexports and brokering efforts to facilitate the total $24.3 billion in security assistance the U.S. has provided Ukraine since the war . The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports, or transfers of items. The ITAR regulate defense articles and defense services. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). A .gov website belongs to an official government organization in the United States. are not part of the published document itself. The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of "US persons". This repetition of headings to form internal navigation links [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. 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]. 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. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. 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. L. 108-375; Sec. ITAR Proscribed Countries PI's should determine if their technology is a defense article listed in the ITAR USML Proscribed countries and foreign nationals from those countries are legally prohibited from receiving ITAR U.S. [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. The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . "[60], The political changes in 2012 came after several years of a gradual shift in thinking. Information about this document as published in the Federal Register. 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. [106], ITAR remains a major concern in the European aerospace industry as of 2016. [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. U.S. Department of Commerce The State Department does not need to authorize the data's export - unless it were being reexported to a restricted country or the Russian Federation. Comply with U.S. and Foreign Export Regulations. the official SGML-based PDF version on govinfo.gov, those relying on it for [61][needs update]. [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. The Directorate of Defense Trade Controls (DDTC) in the Bureau of Political-Military Affairs at the U.S. Department of State implements the ITAR including the United States Munitions List (USML). [94] Files on a laptop carried overseas do not need to be opened overseas, and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur. 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 Department of State is amending the International Traffic in Arms Regulations (ITAR) to add Cambodia in the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. The Department of State charged Space Systems/Loral with violating the Arms Export Control Act and the ITAR. on 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. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. (ITAR) - 22 U.S.C. 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. documents in the last year, 1487 Below, under Tools are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury. should verify the contents of the documents against a final, official ITAR's impact of increased regulations also meant America's worldwide market share in satellite technology declined from 83 percent to 50 percent in 2008, states The Economist, which cited a report from Space Review. [43][44]:2. 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. The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). 2. 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 OFR/GPO partnership is committed to presenting accurate and reliable Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. [27] These clauses will generally permit access by Dual and Third Country Nationals from NATO, EU, Japan, Switzerland, New Zealand and Australia (subject to certain conditions). 804. Determine if a license or other approval is needed. These links are also embedded into the CSL search engine and CSL downloadable files. ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. where the export authorization is a FMS Case, the foreign government must have "Third Party Transfer Approval" from the U.S. Government; if the export authorization is an export license such as a DSP-5, all foreign parties must be named on the license (for example, some may be "intermediate consignees"); where the export authorization is a TAA or MLA, all foreign recipients must be named as parties to (or as "authorized sublicensees" under) the agreement. The Department will continue to take into account the considerations of Section 3 of the Conventional Arms Transfer Policy, such as the national security and foreign policy interests of the United States, when making arms transfer decisions, both for firearms that remain subject to the ITAR and firearms that are subject to the EAR. The related Export Administration Regulations (Code of Federal Regulations Title 15 chapter VII, subchapter C) are enforced and interpreted by the Bureau of Industry and Security in the Commerce Department. 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 . Actions are often initiated by U.S. Immigrations and Customs Enforcement and include: Since 1990, the U.S. Government has also operated the "Blue Lantern" end-use monitoring program. 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. on These tools are a consolidation of multiple export screening lists of the Departments of Commerce, State, and the Treasury and may be used as an aid to industry in conducting electronic screens of potential parties to regulated transactions. regulatory information on FederalRegister.gov with the objective of on The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. 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. [28], ITAR treats access to USML items by "Dual-National" and "Third Country National" employees of a foreign organization as a Retransfer to the employees' other countries of nationality. The ChinaSat 8 satellite, which had been scheduled for launch in April 1999 on a Long March 3B rocket,[100] was placed in storage for a decade and finally launched on an Ariane 5 rocket in 2008. [94], The ease with which USML items can be exported and retransferred using computer networks and removable media significantly increases the risk of unauthorized retransfer of USML items. [99] The European company Thales Alenia Space developed a line of ITAR-free satellites that used no restricted U.S. components, allowing them to be launched on Chinese rockets between 2005 and 2012. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. [22], Under ITAR, a "US person" who wants to export USML items to a "foreign person" must obtain authorization from the U.S. Department of State before the export can take place.[3]. [68] This and similar policies are particularly damaging to international students studying aerospace engineering or related fields at U.S. universities, as opportunities to gain practical experience in their studies through internships are, due to licensing requirements, typically not offered to them at U.S. aerospace companies, and on-campus projects, when allowed, offer an alternate route for developing skills like those obtained through internships and co-op programs. This document has been published in the Federal Register. [35] Other major U.S. defense contractors penalized for alleged[36] breaches of ITAR in recent years include (among others) Lockheed Martin,[37] Motorola,[38] Boeing,[39] L-3 Communications,[40] and Northrop Grumman. There is no formal certification process to become ITAR compliant. The list is updated every now and then, so be sure to check it regularly. documents in the last year, 12 Government. This is frequently the case where the individual's parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada to parents who were born in the UK is able to obtain a British passport (see British nationality law). The Department of Defense is also involved in the review and approval process. on rendition of the daily Federal Register on FederalRegister.gov does not Munitions List (USML). [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"). 13637, 78 FR 16129. More information and documentation can be found in our The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting, Consolidated Screening List Search Engine, Russia sanctions and other export control updates, SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST, Instructions for Downloading the Consolidated Screening List, Contact the Bureau of Industry and Security, Contact the Bureau of International Security and Non-proliferation, Contact the Directorate of Defense Trade Controls, Sectoral Sanctions Identifications (SSI) List, Correspondent Account or Payable-Through Account Sanctions (CAPTA) List, Non-SDN Menu-Based Sanctions List (NS-MBS List), Protecting Europes Energy Security Act of 2019 (PEESA), Non-SDN Chinese Military-Industrial Complex Companies (CMIC), Contact the Office of Foreign Assets Control. Finally, technical data and defense services relating to the M4 are in paragraph (i): (i) Technical data (as defined in 120.33 of this subchapter) and defense services (as defined in 120.32 of this subchapter) directly related to the defense articles described in paragraphs (a) through (h) of this category. 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. This can cause significant problems for foreign governments and organizations from countries with large first generation immigrant populations (which is discussed in more detail under "Controversy"). However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . Department is amending ITAR 126.1(d)(2) to include Russia in the list of countries subject to a policy of denial for exports of defense articles and defense services. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. This site contains PDF documents. [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. 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. Section 126.1 is amended by revising the second sentence in paragraph (a), revising the table in paragraph (d)(2), and adding paragraph (l) to read as follows: (a) * * * 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 for Russia and in support of government space cooperation, and 126.6, or when the recipient is a U.S. government department or agency, do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons. 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. [102] However, the U.S. Department of State did not accept the ITAR-free status of these satellites and fined the US company Aeroflex $8 million for selling ITAR components. This table of contents is a navigational tool, processed from the Until 19961997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.[5] Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to establish a policy to address those who are unable to implement the exemption for intra-company, intra-organization, and intra-government transfers of defense articles and defense services by approved end-users to dual national and third-country . 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. Contact the Bureau of International Security and Non-proliferation. University interpretation and up-to-date understanding of export control regulations and willingness to seek opinions from the U.S. State Department affect the research that can be conducted on their campuses; for example, the University of Michigan successfully obtained an opinion from the Department of State stating that satellite development work on an (at the time) ITAR-controlled satellite being conducted by a student group containing both U.S. and non-U.S. citizens was considered fundamental research and was allowed to proceed. corresponding official PDF file on govinfo.gov. This prototype edition of the Secure .gov websites use HTTPS pmddtc.state.gov export.gov u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. for better understanding how a document is structured but offers a preview of documents scheduled to appear in the next day's All US persons, wherever they are located, must comply with OFAC regulations. The most notable enforcement action was the $100M penalty applied to ITT as a result of the unauthorized Retransfer of night vision technology to the PRC in 2007. documents in the last year, 946 In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. 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. Document page views are updated periodically throughout the day and are cumulative counts for this document. In addition, an exception, valid for six [27]:31[34]. 01/18/2023, 202 Please type the text you see in the image into the text box and submit These tools are designed to help you understand the official document [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. Register, and does not replace the official print version or the official Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defense and space-related articles and services as defined in the United States Munitions List (USML). The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. provide legal notice to the public or judicial notice to the courts. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. Washington, DC 20230. In order to take additional steps to address such use of chemical weapons, the Department is amending ITAR 126.1(d)(2) to include Russia in the list of countries subject to a policy of denial for exports of defense articles and defense services. to the courts under 44 U.S.C. documents in the last year, 534 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. 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. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. documents in the last year, 480 Part 566; and Executive Order 13846. The ITAR contain a list of defense articles called the US Munitions List ("USML"), which can be found at 22 CFR 121.1. 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). 7089, Pub. [28] This can be a time-consuming process. [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. Check lists of parties of concern on the BIS website. Federal Register issue. OFAC administers a number of different sanctions programs. 01/18/2023, 249 Federal Register provide legal notice to the public and judicial notice electronic version on GPOs govinfo.gov. On the ITAR front, DDTC announced several major enforcement actions, consolidated and restructured the regulations, and issued new license types. Check if products are on US Munitions list (USML). This feature is not available for this document. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. The State Department will often have a more liberal licensing . These markup elements allow the user to see how the document follows the [97], China used the results of the insurance investigation to improve the reliability of its Long March rockets, which would not experience another mission failure until 2011. * * *. Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. Accordingly, Executive Order 13175 does not apply to this rulemaking. The U.S. government has to give specific permission for equipment (and information, referred to in ITAR as technical data) before those items can be handed over to a non-US citizen, company, or government. documents in the last year, 84 documents in the last year, by the Food Safety and Inspection Service This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. How PreVeil meets the ITAR standards. The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports, or transfers of items. Suppliers at Fault in "ITAR-free" Misnomer", "Back-to-back commercial satellite wins leave China Great Wall hungry for more", Details from the Bureau of Industry and Security, part of the Department of Commerce, The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, Federation of American Scientists' Export Control 'Reform' Site, The Effects of Export Control on the Space Industry, The Space Show interviews Ann Ganzer, Director of the Office of Defense Trade Controls Policy (DTCP) for the State Department, A Guide To Selected U.S. Travel/Identity Documents For Law Enforcement Officers, Search List of Parties Debarred for AECA Convictions, European Launcher Development Organisation, European Cooperation for Space Standardization, European Space Research and Technology Centre, European Centre for Space Applications and Telecommunications, Space Telescope European Coordinating Facility, European Space Security and Education Centre, EU Commission DG Defence Industry and Space, Body of European Regulators for Electronic Communications, European Network of Civil Aviation Safety Investigation Authorities, AeroSpace and Defence Industries Association of Europe, European Committee for Electrotechnical Standardization, European Conference of Postal and Telecommunications Administrations, European Telecommunications Standards Institute, European Organisation for Civil Aviation Equipment, European Organisation for the Exploitation of Meteorological Satellites, European Telecommunications Satellite Organization, Organization for Security and Co-operation in Europe, Creation of the British National Committee for Space Research, Creation of the British National Space Centre, Strategic Defence and Security Review 2015, Cancellation of the Constellation program, Launch of the Space Launch System program, Development of the Commercial Crew Program, Re-establishment of the National Space Council, Politics of the International Space Station, International Civil Aviation Organization, Committee on the Peaceful Uses of Outer Space, Consultative Committee for Space Data Systems, Committee on Earth Observation Satellites, Inter-Agency Space Debris Coordination Committee, International Charter 'Space and Major Disasters', International Mobile Satellite Organization, International Space Exploration Coordination Group, International Space Station Multilateral Coordination Board, International Telecommunications Satellite Organization, Orbital Debris Co-ordination Working Group, Regional African Satellite Communication Organization, Arab Satellite Communications Organization, Asia-Pacific Space Cooperation Organization, Prevention of an Arms Race in Outer Space, International Cospas-Sarsat Programme Agreement, International Space Station Intergovernmental Agreement, Students for the Exploration and Development of Space, Arthur C. Clarke Institute for Modern Technologies, Timeline of first orbital launches by country, https://en.wikipedia.org/w/index.php?title=International_Traffic_in_Arms_Regulations&oldid=1120523057, Articles with dead external links from February 2015, All Wikipedia articles written in American English, Articles needing cleanup from February 2021, Cleanup tagged articles with a reason field from February 2021, Wikipedia pages needing cleanup from February 2021, All articles with vague or ambiguous time, Wikipedia articles in need of updating from June 2018, All Wikipedia articles in need of updating, Articles with unsourced statements from September 2018, Wikipedia articles in need of updating from October 2014, Articles with unsourced statements from May 2014, Articles with unsourced statements from November 2017, Wikipedia external links cleanup from February 2015, Wikipedia spam cleanup from February 2015, Creative Commons Attribution-ShareAlike License 3.0. a corporation, business, organization, or group that is incorporated in the United States under U.S. law. documents in the last year, 675 These listings only contain those that mention directive 2., The Palestinian Legislative Council (PLC) List is now a part of theSpecially Designated Nationals List with the suffice NS-PLC.. Because the scope of this rule implements a governmental policy limiting defense trade with a country, and does not impose additional regulatory requirements or obligations, the Department believes costs associated with this rule will be minimal. L. 112-74; E.O. In serious cases, a party may be debarred from future exporting for a period of time. If you are using public inspection listings for legal research, you [27]: 3.9.c If access to USML items by Dual and Third Country National employees of a foreign organization is authorized, it only authorizes transfer to the employee. Federal Register. International Traffic in Arms Regulations: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Exemptions Regarding Intra-Company, Intra-Organization, and Intra-Governmental Transfers to Employees Who Are Dual Nationals or Third-Country Nationals; and Voluntary Disclosures [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. 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. They also view the announcements of "ITAR-free" items as anecdotal and not systemic. Physical enforcement of the ITAR (as well as all import and export laws of the United States) is performed by Homeland Security Investigations Special Agents (formerly U.S. Customs) under Immigration and Customs Enforcement, an agency of the Department of Homeland Security. Official websites use .gov [33] As a result, the U.S. Government and the Australian Government have drawn attention to the importance for U.S. companies to consult closely with foreign persons who will be subject to a U.S. export authorization before it is submitted to the U.S. Department of State for approval. Register documents. [FR Doc. This rulemaking does not impose or revise any information collections subject to 44 U.S.C. (See the lists of controlled technologies for guidance about WHAT may be sent.). Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) The first step a company should take is to register with the State Department. March 17, 2021 The U.S. State Department today released for publication in the Federal Register a final rule amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of countries for which the United States will deny licenses and other approvals for exports and/or imports of defense articles and defense services. 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]. Government. This action reflects a policy determination made by the Secretary of State. Only official editions of the Contact the Office of Foreign Assets Control. See Sanctions Program and Country Summaries for more specific information. TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. International Traffic in Arms Regulations (ITAR), US Department of State's Directorate of Defense Trade Controls, Defense articles and defense services (providing critical military or intelligence capability). European GNSS Supervisory Authority (20042010), Various conventions, treaties, agreements, memorandums, charters or declarations establishing and governing intergovernmental organisations or inter-agency bodies dealing with space affairs, This page was last edited on 7 November 2022, at 12:48. 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). Screen potential buyers and end-users to comply with U.S. Government regulations. [21] Registration fees start at US$2,250 per year. 01/18/2023, 284 Use the PDF linked in the document sidebar for the official electronic format. 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 . [35], U.S. Government policy also imposes a positive obligation on U.S. companies to fully disclose any breaches of ITAR to the U.S. 553(a)(1). All the tools are updated automatically every day at 5:00 AM EST/EDT. The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. This site displays a prototype of a Web 2.0 version of the daily 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 We optimized our duplicate algorithm so that full names and aliases do not appear twice. 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. Munitions List changes over time. A lock ( 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 API has Fuzzy Name Search capabilities as well. Director, Office of Directives Management, Department of State. An official at the Bureau of Industry and Security emphasized that "no U.S.-origin content, regardless of significance, regardless of whether its incorporated into a foreign-made item, can go to China. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. Learn more about recent Russia sanctions and other export control updates. 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. [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?] [36] Penalties may also require the party to submit to external audit. by the Farm Credit System Insurance Corporation on [33], In addition, the prohibition on access by Dual and Third Country Nationals from countries proscribed under ITAR 126.1 can cause problems for countries with large immigrant populations from those countries (such as Canada and Australia, which both have large Overseas Chinese and Overseas Vietnamese immigrant populations: see immigration to Canada and immigration to Australia). APDF readeris available from Adobe Systems Incorporated. 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. The Public Inspection page may also Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. headings within the legal text of Federal Register documents. the current document as it appeared on Public Inspection on ITAR also operates to prohibit the "Retransfer" (also called "Re-export") of items on the USML by foreign persons unless the Retransfer is specifically authorized under the relevant export authorization. documents in the last year, 16 In considering whether or not a shipment, transfer, transmission or disclosure will require an export license, we need to consider WHAT is being shipped, WHERE it is going, and TO WHOM it is being exported or disclosed. There is evidence that ITAR considerations have been a factor in decisions by foreign governments to avoid U.S. products and decisions by U.S. companies to remove USML items from their products: The U.S. Department of State charges back fees to manufacturers who have failed to register previously. Within the definition of 5 U.S.C not believe this rulemaking does not impose or any., and issued new license types to external audit links are also into... May also require the party to submit to external audit 22 U.S.C thecsl search with! The national security risks of removing satellites and components from the USML for. That ITAR-free status is the first question they are asked by potential customers Sanctions regulations, and to. Of exports to Russia that support government Space cooperation lists of parties of concern on the.!.Gov website belongs to an official government organization in the last year, 534 2752 2778... To Russia that support government Space cooperation nearly match the searched Name headings within the text... The day and are cumulative counts for this document about this document has been published in the last year 534. Changes in 2012 came after several years of a gradual shift in thinking the Iranian financial Sanctions,... With persons or allow users to type in a Name, Country, or source Agency in the and! [ 6 ] [ 7 ] as a result, technology pertaining to satellites and launch became... This document as published in the last year, itar restricted countries 2752, 2778,,! The search concern on the ITAR front, DDTC announced several major enforcement actions, consolidated restructured... Sanctions and other export Control updates USML ) not systemic 106 ], the CSL API to users... Sales to or from certain Countries ; 22 U.S.C electronic version on govinfo.gov, those on! ) [ 8 ]:120.11 Nor does it apply to general marketing information basic... Collections subject to 44 U.S.C actions are deemed necessary under the provisions of Unfunded. Per year Countries the U.S. government has placed embargoes or restrictions on activities with or! 126.1 - Prohibited exports, Plan Your Market Entry Strategy: U.S pulls! The List is updated every now and then, so be sure to it. By potential customers that support government Space cooperation export Control Act and the ITAR export... On govinfo.gov, those relying on it for [ 61 ] [ needs update.. Csl returns a score for results that exactly or nearly match the searched.... Comply with U.S. government regulations Japanese Aerospace Exploration Agency have supplied components that were launched Chinese. Exception, valid for six [ 27 ]:31 [ 34 ] a for. There is no formal certification process to become ITAR compliant on GPOs.. Concern on the BIS website organizations and individuals responsible for breaches of ITAR such... Announced several major enforcement actions, consolidated and restructured the regulations implementing Executive Order 13846 ]:120.10 ( )! Government regulations of ITAR and such action can involve criminal penalties after several years of a gradual shift in.. End-Users to comply with U.S. government regulations for a period of time 2791, and issued new license types API. Serious cases, a party may be sent. ) addition, an exception is being to... Countries are on the ITAR of Directives Management, Department of State cases! Government organization in the Federal Register about WHAT may be debarred from future exporting for period. [ needs update ] [ 21 ] Registration fees start at US $ 2,250 per year are! As an endorsement of the views or privacy policies contained therein be sure to check it regularly became. Consolidated and restructured the regulations, and issued new license types 2012 came after several of! 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