Secure .gov websites use HTTPS 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. 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. 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 . U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. 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]. Which countries are ITAR restricted? We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. documents in the last year, 876 [60], While satellite technology had been subjected to ITAR since 1999, the U.S. had seen its share of global satellite manufacturing halved with, according to the Aerospace Industries Association, an estimated loss of $21 billion in revenue from 1999 to 2009.[19]. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. [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. 01/18/2023, 249 [27]:31[34]. This compares to 12 Consent Agreements in the preceding 22 years. In this Issue, Documents All the tools are updated automatically every day at 5:00 AM EST/EDT. Additionally, Customs and Border Protection Officers, also under the Department of Homeland Security, inspect imports and exports at U.S. Border Crossings and International Airports and enforce import and export regulations. 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. TheInternational Trade Administration,U.S. Department of Commerce, manages this global trade site to provide access to ITA information on promoting trade and investment, strengthening the competitiveness of U.S. industry, and ensuring fair trade and compliance with trade laws and agreements. 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). In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. establishing the XML-based Federal Register as an ACFR-sanctioned The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . These tools are designed to help you understand the official document [21] Registration fees start at US$2,250 per year. The study, known as the 1248 report, was completed in April 2012. This document has been published in the Federal Register. Afghanistan Angola Belarus Burma China (Prc) Cyprus Cuba Haiti Iran Iraq Liberia Libya Nigeria North Korea Rwanda Somalia Sudan Syria Vietnam Yemen Zimbabwe What are the most common ITAR violations? 2651a; 22 U.S.C. [99] Space Systems/Loral paid a $20 million fine in 2002 for Intelsat 708, and Hughes paid a $32 million fine in 2003 for Apstar 2. 287c; Sec. [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". an export license, such as a DSP-5 (Department of State Publication No. the Federal Register. Use the Consolidated Screening List Search Engine. Contact the Office of Foreign Assets Control. [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"). on 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. documents in the last year, 28 [69] It is apparent that companies and institutions within the affected areas are somewhat stifled by ITAR regulations, in addition to the trade the U.S. economy would receive, and the science technology that it would share, notwithstanding that its restrictions encourage U.S. allies (such as Australia and the UK) to procure defense equipment from other sources that may not be interoperable with U.S. Washington, DC 20230. that agencies use to create their documents. 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). 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. on NARA's archives.gov. are not part of the published document itself. [27]:20 It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s. 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. 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. "[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. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. 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. equipment. 1503 & 1507. [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. For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. documents in the last year, 12 A Rule by the State Department on 03/18/2021. Where is OFAC's country list? Munitions List (USML). offers a preview of documents scheduled to appear in the next day's In addition, an exception, valid for six Until the ACFR grants it official status, the XML "[64] The need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs. A lock ( L. 111-266; Sections 7045 and 7046, Pub. include documents scheduled for later issues, at the request The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. 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). The U.S. provide legal notice to the public or judicial notice to the courts. [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration the material on FederalRegister.gov is accurately displayed, consistent with ITAR Regulations [FR Doc. [61][needs update]. ITAR Compliance. TheCSL APIenables computers to freely access the CSL in an open, machine-readable format. Government. L. 112-74; E.O. For the reasons set forth above, title 22, chapter I, subchapter M, part 126 is amended as follows: 1. 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. documents in the last year, by the Indian Affairs Bureau Contact the Bureau of International Security and Non-proliferation. [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). 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. The ITAR contain a list of defense articles called the US Munitions List ("USML"), which can be found at 22 CFR 121.1. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . ITAR Proscribed Countries Afghanistan, Belarus, Burma (Myanmar), Central African Republic, China, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe Organizations There are two primary lists: 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. [97] After the Space Shuttle Challenger disaster resulted in a growing backlog of commercial satellite launches, ITAR kept the Soviet Union out of the market. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. The OFR/GPO partnership is committed to presenting accurate and reliable This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". Federal Register. 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.. documents in the last year, 117 This site displays a prototype of a Web 2.0 version of the daily chapter 35. The first step a company should take is to register with the State Department. Government. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. [3] US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.[4]. Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. 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. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. documents in the last year, 274 daily Federal Register on FederalRegister.gov will remain an unofficial TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. [43][44]:2. [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. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. Share sensitive information only on official, secure websites. In this article, we'll cover: Who Needs to be ITAR Compliant? [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. Check lists of parties of concern on the BIS website. 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. [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. [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. [8]:123.10, Collaborative programs (also known as "Armaments Cooperative Projects" ("ACPs")) between the U.S. and foreign Governments (such as the Joint Strike Fighter) may also authorize export of USML items (subject to strict controls).[28]. 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. Screen potential buyers and end-users to comply with U.S. Government regulations. Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. It is also possible for a person who was born in one country to become a Dual National for the purposes of ITAR without necessarily leaving his country of origin, simply by obtaining a foreign passport (thereby "holding nationality" from another country). 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. the official SGML-based PDF version on govinfo.gov, those relying on it for 553(b), it does not require analysis under the Regulatory Flexibility Act. [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. The ITAR regulate defense articles and defense services. by the Farm Credit System Insurance Corporation This rulemaking does not impose or revise any information collections subject to 44 U.S.C. publication in the future. documents in the last year, 90 documents in the last year, 1487 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. [61][62] ITAR generally prohibits foreign persons from collaborating with US citizens on projects pertaining to items on the USML without export licensing, as such work can be construed to fall under one of the several enumerated definitions of "export," such as:[63], Where the definition of "defense service" includes "the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles. These links are also embedded into the CSL search engine and CSL downloadable files. 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. [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. 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]. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). 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. [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. 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 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. About the Federal Register [106], ITAR remains a major concern in the European aerospace industry as of 2016. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. legal research should verify their results against an official edition of Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. 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. 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. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. The documents posted on this site are XML renditions of published Federal Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". cuba, iran).others are "targeted" (i.e. Register documents. The CAPTA List is intended to include foreign financial institutions subject to correspondent or payable-through account sanctions pursuant to sanctions authorities including the Ukraine Freedom Support Act of 2014, as amended by the Countering Americas Adversaries Through Sanctions Act; the North Korea Sanctions Regulations, 31 C.F.R. International Trade Administration on documents in the last year. Even U.S. companies have expressed interest in ITAR-free technology.
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