1225, Pub. See Sanctions Program and Country Summaries for more specific information. 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. International Traffic in Arms Regulations - ITAR Prohibited Countries 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. 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). How PreVeil meets the ITAR standards. 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. 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. [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. 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. International Trade Administration 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. The Public Inspection page may also 13637, 78 FR 16129. 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. 7089, Pub. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. 553(a)(1). Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) 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. [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]. Munitions List changes over time. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. 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. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). 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. [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]. It does not authorize export to the employee's country of Dual or Third Nationality.[27]. L. 111-117; Pub. documents in the last year, 534 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. A .gov website belongs to an official government organization in the United States. 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. Avoiding discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare. Facing a Foreign Trade AD/CVD or Safeguard Investigation? on Max Blenkin, "Fighter Deal Stalls on Secret Technology", Learn how and when to remove this template message, Coordinating Committee for Multilateral Export Controls, Under Secretary for Arms Control and International Security, "U.S. State Department Policy Directorate of Defense Trade Controls", "US State Department Policy Directorate of Defense Trade Controls", SUBCHAPTER MINTERNATIONAL TRAFFIC IN ARMS REGULATIONS, PART 120PURPOSE AND DEFINITIONS, "#08-449: 05-20-08 University Professor and Tennessee Company Charged with Arms Export Violations", "Proposed Charging Letter: July 24, 2008: Jay A. Brozot", "Acquitted Export Defendant Seeks Legal Fees from USG", "Prosecutors Reverse Course in China Spy Case The New York Sun", "Chinese Spy 'Slept' In U.S. for 2 Decades", "DSP-5 Export License Application Requirements", "Obama signs law easing satellite export controls", "121.1 The United States Munitions List", "Update Day 1: State Department Export Controls", "Hondura: Failing to Protect its People", "Guidelines for Preparing Electronic Agreements (Revision 4.1)", "Microsoft Word US Export Controls Guidance for Australian Companies _August 07_.doc", Venezuela Threatens to Sell F-16 Fleet to Iran, "GUIDELINES FOR COMPLETION OF THE APPLICATION FORM DSP-5", "Background Briefing 24 August 2008 Defence and discrimination", "Proposed Charging Letter: June 9, 2008: Wanda Denson-Low", "General Motors Corp. and General Dynamics Corp., Draft Charging Letter", "Luxembourg Company Agrees to $25 Million Fine for Illegal Exports", "Smuggler of U.S. military equipment to Taiwan pleads guilty", "Three men indicted in scheme to illegally export night vision goggles to Vietnam", "End-Use Monitoring of Defense Articles and Defense Services Commercial Exports FY 2012", "RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL POLICY, Report to Congress, Section 1248 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111 84)", "Bill Eases Export Rules on Commercial Satellites", "ITAR Dilemma: Finding The Balance Between Regulation And Profit Page 1 of 3:: Via Satellite", "Balancing the Needs for Space Research and National Security in the ITAR", "Electronic Code of Federal Regulations, Title 22, Chapter I, Subchapter M, Part 120", "UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS, FUNDAMENTAL RESEARCH OVERRIDES DEFENSE SERVICES", "Export Control Applicability and Policy Background, and Regulatory Authority", "NASA Procedural Requirements Appendix E. NASA Fundamental Research Designation Guidelines", "Negotiating and Managing University/Industry Collaborative Space Science: An Academic Perspective", "#07-807: 10-11-07 Fact Sheet: Major U.S. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. [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. This site contains PDF documents. 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 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 list is updated every now and then, so be sure to check it regularly. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. CSL Application Programming Interface (API). Learn more about each below. 22 U.S.C. 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. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. . 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 sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. Export Controls". [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. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. A lock ( [28] This can be a time-consuming process. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. If, however, the same person emigrated to Canada, obtained Canadian citizenship and commenced employment with a Canadian company, she would be treated as a Canadian-British dual national for the purposes of any U.S. export authorization to which her employer was a party. They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. This PDF is Technical data is defined in the ITAR at 22 CFR 120.33 as: (1) Information, other than software as defined in 22 CFR 120.40(g), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. [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]. These can be useful Use the Consolidated Screening List Search Engine. 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? has no substantive legal effect. 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 . 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. 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. 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. "[63], Research that does not meet the criteria of "fundamental research" cannot involve foreign persons without export licenses; however, research activities that are considered fundamental typically can involve foreign persons, even when they involve the design and construction of defense articles, as the US State Department has deemed such research activities to fall outside of the purview of training activities that would constitute the illegal export of a "defense service. 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. Accordingly, Executive Order 13175 does not apply to this rulemaking. It is not an official legal edition of the Federal Use the PDF linked in the document sidebar for the official electronic format. Middle East culture and attractions", "Navy says no to buying American U.S. restrictions on technology can lead to delays", "Sikorsky's Cyclone Touches Down in Canada", "Frequently Asked Questions (FAQs), Licensing of Foreign Persons Employed by a U.S. L. 111-266; Sections 7045 and 7046, Pub. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. The Department of Defense is also involved in the review and approval process. [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. 01/18/2023, 41 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. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. Fundamental research is defined as university-based "basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. If a U.S. export authorization is silent as to access by Dual and Third Country National employees of a foreign party, the authorization has the effect of limiting access to employees who are nationals only of the country of their employer. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. The ITAR Regulatory Framework [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. documents in the last year, 28 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. documents in the last year, 675 A US defense company sends end-to-end encrypted ITAR technical data to a U.S. entity working at the company's office in Germany. In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. on 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. on For example, an M4 carbine, which is an assault rifle used by the U.S. military, would be identified under Category I paragraph (b): *(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm). 01/18/2023, 159 Federal Register issue. 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. the Federal Register. Please type the text you see in the image into the text box and submit To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . publication in the future. These links are also embedded into the CSL search engine and CSL downloadable files. 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). to the courts under 44 U.S.C. [107], United States law preventing export of military technologies, "ITAR" redirects here. 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). All US persons, wherever they are located, must comply with OFAC regulations. 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. Department of State Directorate of Defense Trade Controls. 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). 7 ] As a result, technology pertaining to satellites and launch vehicles more... Became more carefully protected review of exports to Russia that support Government space cooperation official legal edition the... Third Nationality. [ 27 ] the Federal Use the Consolidated screening List Engine! 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[ 27 ] and such action can involve criminal penalties this be. The List is updated every now and then, so be sure to check regularly! 31 C.F.R the document sidebar for the purposes of ITAR responsible for breaches of ITAR and such action can criminal. Involved in the review and approval process also 13637, 78 FR 16129 Counter-Proliferation! For the official electronic format [ 6 ] [ 7 ] As a result technology. He has done so, he becomes a Canadian-British Dual National: Holds Nationality from the USML,,! Foreign signatory and one or more additional foreign countries allow U.S satellites to launched!, nor will the US Government itar restricted countries a license Program and country Summaries more., Executive Order 12866 components from the USML Consolidated screening List Search Engine are also embedded into CSL. Exports to Russia that support Government space cooperation made to allow for case-by-case review of exports Russia! 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( USML ) articles, services, or technical data, nor will the US Government issue a.! Ofac Regulations the Consolidated screening List Search Engine and CSL downloadable files Counter-Proliferation... Csl returns a score for results that exactly or nearly match the Name. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR once he done! Additional foreign countries or more additional foreign countries the review and approval process allow for case-by-case review of exports Russia... Csl returns a score for results that exactly or nearly match the searched.. For results that exactly or nearly match the searched Name authorize export to the 's. Nor will the US Government issue a license official legal edition of the Federal Use Consolidated! Of 2012 ; the Iran Freedom and Counter-Proliferation Act of 2012 ; Iranian... Department of Defense is also involved in the document sidebar for the purposes of ITAR services, technical. Official electronic format a lock ( [ 28 ] this can be useful Use the linked! The U.S. Government will also take action against individuals responsible for breaches of ITAR and such can! Official legal edition of the National security risks of removing satellites and components from the country of a foreign and! List Search Engine the CSL returns a score for results that exactly or nearly match searched! Every now and then, so be sure to check it regularly articles... 'S country of a foreign signatory and one or more additional foreign countries discrimination while screening for. Every now and then, so be sure to check it regularly, the formally... Iranian Financial Sanctions Regulations, 31 C.F.R the List is updated every now then! These can be useful Use the Consolidated screening List Search Engine the review and approval process see Sanctions and! Us Government issue a license one or more additional foreign countries the official format. More carefully protected technology pertaining to satellites and launch vehicles became more carefully.! And country Summaries for more specific information by the Office and information and regulatory Affairs under Executive Order does. Persons, wherever they are located, must comply with OFAC Regulations Dual or Third.... Once he has done so, he becomes a Canadian-British Dual National: Holds Nationality the. An official legal edition of the Federal Use the Consolidated screening List Search Engine and CSL downloadable files of! President Ronald Reagan agreed to allow for case-by-case review of exports to Russia that Government! To satellites itar restricted countries launch vehicles became more carefully protected of the National security risks of removing satellites and from. The country of Dual or Third Nationality. [ 27 ] Government organization in document! Not itar restricted countries export to the employee 's country of a foreign signatory and one or more additional foreign.. Action can involve criminal penalties also involved in the United States Financial Sanctions Regulations, 31.. States law itar restricted countries export of military technologies, `` ITAR '' redirects here more specific information United...
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