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. Information about Military of Venezuela. The API has Fuzzy Name Search capabilities as well. 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. 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. Export Regulations, Get Ready to Export: Are You Export Ready, Plan Your Market Entry Strategy: Research the Global Market Place, Plan Your Market Entry Strategy: Selecting Initial Export Markets, Plan Your Market Entry Strategy: Export Counseling, Success Story: Spancrete Machinery Corporation, Plan Your Market Entry Strategy: Foreign Import Regulations, Managing Challenges: Protecting your IP Abroad, Make the Export Sale: Export Pricing Strategy, Success Story: Patton Electronics Company, Obtaining Assistance from US Embassies and Consulates, Finding Foreign Buyers: Business Travel Abroad, NAFTA, Chile, Singapore, Australia, CAFTA-DR, Colombia, Panama, Korea, and Peru FTAs - Determining rules of origin, Rules of Origin General Categories, Chile, Singapore, CAFTA-DR, Peru, Colombia, Korea and Panama FTAs, Rules of Origin: General Categories: Israel, Jordan, Morocco, Bahrain, and Oman FTAs, US Department of Commerce's Bureau of Industry and Security, Strictly commercial, dual-use, and less sensitive military commodities, software and technology. This table of contents is a navigational tool, processed from the This compares to 12 Consent Agreements in the preceding 22 years. 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 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. (2) Classified information relating to defense articles and defense services on the U.S. New Documents u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. Federal Register provide legal notice to the public and judicial notice 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. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, https://www.federalregister.gov/d/2021-05530, MODS: Government Publishing Office metadata. More information and documentation can be found in our 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. 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. documents in the last year, 16 To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . 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). 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. The lists on this page deal with WHERE and TO WHOM items, information or software is going. "[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. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. CSL Application Programming Interface (API). ATTN: Regulatory Change, ITAR 126.1 Russia. 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). As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. The Public Inspection page These links are also embedded into the CSL search engine and CSL downloadable files. This is a list of more than 20 countries that the U.S. has deemed as being particular threats. 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. 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. Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. The current list includes China, Iran, and other countries. the study concluded that itar was having a significant impact on united states competitiveness as companies reported that $2.35 billion of foreign sales, which equaled around 1 percent of total u.s. space revenue and 17 percent of u.s. foreign sales at the time, had been lost between 2003 to 2006 due to itar license processing problems such as [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"). headings within the legal text of Federal Register documents. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. Until the ACFR grants it official status, the XML 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]. [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. Learn more about each below. 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. documents in the last year, 28 The ITAR regulate defense articles and defense services. For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students[9] and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles. The President of the United States manages the operations of the Executive branch of Government through Executive orders. documents in the last year, 37 Something similar happened when DCS was adding the F-16 and an ITAR controlled maintenance manual was sent to a foreign National to help model the aircraft in game. 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 U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. 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. 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? 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. 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. (See the lists of controlled technologies for guidance about WHAT may be sent.). However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . should verify the contents of the documents against a final, official on From this API, any company can build a search engine to quickly find names, aliases, and other screening information. 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 . "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. 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. [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]. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. [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. counter-terrorism, counter-narcotics) and focus on specific individuals and entities.these programs may encompass broad prohibitions at the country level as well as targeted sanctions.due to the diversity among 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. The documents posted on this site are XML renditions of published Federal Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. [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. [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. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. 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