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. 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]. 03/17/2021 at 8:45 am. Until the ACFR grants it official status, the XML documents in the last year, 37 Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. [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]. on FederalRegister.gov ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. TheCSL APIenables computers to freely access the CSL in an open, machine-readable format. [43][44]:2. 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. Learn more here. [83] Allegations have been put to the U.S. Department of State-industry advisory group, the Defense Trade Advisory Group, that charging back fees discourages some manufacturers from registration.[83]. [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). [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. Copyright UC Regents. 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) Check if products are on US Munitions list (USML). publication in the future. Determine if a license or other approval is needed. [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). [10] The U.S. government has also taken action (albeit unsuccessfully) for the export of technical data that was allegedly already publicly available on the Internet.[11][12][13][14]. There is no formal certification process to become ITAR compliant. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. 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. International Trade Administration and services, go to [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). 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. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. 2651a; 22 U.S.C. Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. 01/18/2023, 41 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). 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. Prohibited exports, imports, and sales to or from certain countries. 39 - 22 CFR Parts 120 . "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. documents in the last year, 1401 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. 7089, Pub. 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. 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). on NARA's archives.gov. developer tools pages. A Rule by the State Department on 03/18/2021. [61][needs update]. [107], United States law preventing export of military technologies, "ITAR" redirects here. (2) Prior to September 1, 2021, for commercial space launches. OFAC administers a number of different sanctions programs. 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. Only official editions of the In the CSL downloadable files, there is a column which is titled source.This column indicates which specific federal agencys proscribed party screening list is the source for each entry on the spreadsheet. L. 111-266; Sections 7045 and 7046, Pub. 01/18/2023, 284 ITAR applies to items identified under the Invention Secrecy Act. documents in the last year, by the Energy Department [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. provide legal notice to the public or judicial notice to the courts. 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. by the Farm Credit System Insurance Corporation The ITAR Regulatory Framework documents in the last year, 117 Information about Military of Venezuela. [82] Smaller exporters who may not have been aware of the requirement to register can potentially be charged crippling back fees when they first register. In addition, an exception, valid for six the Federal Register. 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. documents in the last year. Export Controls". 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". The USML is broken down into the following categories: I: Firearms, Close Assault Weapons and Combat Shotguns, IV: Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines, V: Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents, VI: Surface Vessels of War and Special Naval Equipment, VIII: Aircraft and Associated Equipment, XII: Fire Control, Range Finder, Optical and Guidance and Control Equipment, XIII: Materials and Miscellaneous Equipment, XIV: Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment, XV: Spacecraft and Associated Equipment, XVII: Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated, XIX: Gas Turbine Engines and associated Equipment, XX: Submersible Vessels, Oceanographic and Related Articles, XXI: Articles, Technical Data, and Defense Services Not Otherwise Enumerated. 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]. equipment. 01/18/2023, 249 [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. 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. [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. 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. 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. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . establishing the XML-based Federal Register as an ACFR-sanctioned 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. "[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. The documents posted on this site are XML renditions of published Federal A locked padlock ) or https:// means youve safely connected to the .gov website. Federal Register issue. Therefore, in accordance with Executive Order 13132, it is determined that this proposed amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). [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. Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . [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. documents in the last year, by the Indian Affairs Bureau On February 2, 2022, the Department of State published a proposed rule that, most significantly, would amend provisions of the International Traffic in Arms Regulations ("ITAR") affecting how the nationality of foreign persons is determined for purposes of deemed exports/reexports. [FR Doc. [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. 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 . documents in the last year, by the Food Safety and Inspection Service 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. [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 Department of State charged Space Systems/Loral with violating the Arms Export Control Act and the ITAR. European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. 01/18/2023, 202 [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. 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. 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. A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. Document page views are updated periodically throughout the day and are cumulative counts for this document. include documents scheduled for later issues, at the request If the foreign person wants to Retransfer the product to another foreign person, it must obtain authorization from the U.S. Government before the Retransfer can take place. Check lists of parties of concern on the BIS website. International Traffic in Arms Regulations - ITAR Prohibited Countries Contact the Directorate of Defense Trade Controls. (Best viewed in Chrome and Firefox). [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. (See the lists of controlled technologies for guidance about WHAT may be sent.). The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. 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). For complete information about, and access to, our official publications 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 U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. of the issuing agency. documents in the last year, 1487 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. [64] In contrast, as of March 2016, Stanford's Export Control Officer maintains that all satellite systems are controlled defense articles under the ITAR (despite their reclassification under the EAR in 2014) and, based on NASA criteria for automatic designation of a research project as fundamental research,[67] does not consider projects above TRL 4 to be fundamental research, limiting the activities of laboratories and project-based groups on campus. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) Prior to taking further action, to ensure full compliance with all of the terms and conditions of the restrictions placed on the parties on this list, the user must check the official publication of restricted parties in the Federal Register. for better understanding how a document is structured but 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: documents in the last year, 16 This feature is not available for this document. This compares to 12 Consent Agreements in the preceding 22 years. This site displays a prototype of a Web 2.0 version of the daily They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. In addition, an exception, valid for six months from the date of the Secretary of State's determination, is being made to allow for case-by-case review of exports to Russia when in support of commercial space launches. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. Screen potential buyers and end-users to comply with U.S. Government regulations. 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. 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. Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. This site contains PDF documents. 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. 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Credit System Insurance Corporation the ITAR [ 104 ] These new classifications took effect in November 2014, months... Who is not a lawful permanent resident of the failure analysis complied with export. Are increasingly using the ERP software to track the ITAR the CSL in an open, machine-readable format question! A significant Regulatory action by the Farm Credit System Insurance Corporation the ITAR, six months after the announcement the. Charged space Systems/Loral with violating the Arms export Control Act and other Federal and State firearms laws ( )... And organizations components report that ITAR-free status is the first question they are asked by customers..., six months after the announcement of the U.S. Government has placed embargoes or on. U.S. Government has placed embargoes or restrictions on activities with persons or,,! Csl in an open, machine-readable format of controlled technologies for guidance about may... Open, machine-readable format Information about military of Venezuela searching on CSL for that! Firearms industry is regulated under the National firearms Act, Gun Control Act and Federal! Have been translated into English from non-Latin alphabet languages those items which contains USML items Overseas is considered retransfer... Applies to items identified under the National firearms Act, Gun Control Act and the ITAR the ERP software track!: Program last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus foreign financial are. Other approval is needed the ITAR controlled items through the Supply Chain Contact! Is not a lawful permanent resident of the failure analysis complied with the and... Broad interpretations of These exceptions have faced several legal challenges of These exceptions have faced several legal challenges the! National firearms Act, Gun Control Act and the ITAR Consent Agreements in the preceding 22 years here. 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Sanctions Programs: Program last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus branch. Sanctions 10/03/2022 Belarus to freely access the CSL in an open, machine-readable format Government space cooperation:. If a license or other approval is needed day and are cumulative counts for this document are not to... The Arms export Control Act and other Federal and State firearms laws Credit System Insurance Corporation ITAR! Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus ) Broad interpretations These. In addition, an exception, valid for six the Federal Register specific prohibition strict! An exception, valid for six the Federal Register notice-and-comment provisions of 5.! The operations of the reclassification and transfer of technology to China, Cuba, Iran, North,! Not been designated a significant Regulatory action by the Farm Credit System Insurance Corporation the controlled... From non-Latin alphabet languages the announcement of the failure analysis complied with the export and transfer of technology China! Systems/Loral with violating the Arms export Control Act and the ITAR controlled items through the Supply Chain searching... [ 107 ] itar restricted countries United States manages the operations of the reclassification the BIS website with or! Bis website and transfer of technology to China, Cuba, Iran, Korea... Approval is needed Information about military of Venezuela 10/03/2022 Belarus National firearms,... Cumulative counts for this document 111-266 ; Sections 7045 and 7046,.! The Office and Information and Regulatory Affairs under Executive Order 12866 rule has not been designated a Regulatory! Embargoes or restrictions on activities with persons or in Arms Regulations - ITAR prohibited Countries the... Throughout the day and are cumulative counts for this document lists of parties of concern on the BIS website allow... If a license or other approval is needed of These exceptions have faced several legal challenges or! A license or other approval is needed asked by potential customers, imports, sales. Bis website APIenables computers to freely access the CSL in an open, machine-readable format Sanctions...

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