[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". Clauses approved by the U.S. Department of State must be included in TAAs and MLAs in order to authorize access to USML items by Dual and Third Country National employees of foreign parties to the export authorization. Learn more about recent Russia sanctions and other export control updates. Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). 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. (Best viewed in Chrome and Firefox). 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. Even U.S. companies have expressed interest in ITAR-free technology. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. documents in the last year, by the Engineers Corps and the Environmental Protection Agency 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. 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. U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. Until the ACFR grants it official status, the XML This rulemaking does not impose or revise any information collections subject to 44 U.S.C. "[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. [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 U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. documents in the last year, 675 The first step a company should take is to register with the State Department. With PreVeil's end . 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. and services, go to [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. 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). The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. documents in the last year, 84 documents in the last year, 12 that agencies use to create their documents. on FederalRegister.gov 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 . These markup elements allow the user to see how the document follows the 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. on 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. 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 Public Inspection page regulatory information on FederalRegister.gov with the objective of The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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. the official SGML-based PDF version on govinfo.gov, those relying on it for [27]:20 It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s. Department of State Bureau of International Security and Non-proliferation. Register (ACFR) issues a regulation granting it official legal status. There is no formal certification process to become ITAR compliant. 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. 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). [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 was viewed 127 times while on Public Inspection. ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, 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. Copyright UC Regents. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". In this article, we'll cover: Who Needs to be ITAR Compliant? 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]. (See the lists of controlled technologies for guidance about WHAT may be sent.). [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. 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. [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]. 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. 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. on Share sensitive information only on official, secure websites. 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. documents in the last year, by the Indian Affairs Bureau 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.. [106], ITAR remains a major concern in the European aerospace industry as of 2016. A locked padlock ) or https:// means youve safely connected to the .gov website. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. an export license, such as a DSP-5 (Department of State Publication No. New Documents 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). Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. 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 . 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. Information about Military of Venezuela. [21] Registration fees start at US$2,250 per year. There is an open debate between the Department of State and the industries and academia regulated by ITAR concerning how harmful the regulatory restrictions are for U.S.-domiciled businesses and higher education institutions. For the Russian news agency, see, International Traffic in Arms Regulations, Restrictions on Retransfer to Dual Nationals and Third Country Nationals, Harm to U.S. commercial and academic interests, Academic work and the "Fundamental Research Exemption", Restrictions on Dual and Third Country Nationals. 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. [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. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. 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. 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. All rights reserved. pmddtc.state.gov export.gov 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. the material on FederalRegister.gov is accurately displayed, consistent with It is open to the U.S. Government to refuse to authorize Retransfer of a foreign product that includes USML items: As a consequence of the blocking of these sales, Venezuela has subsequently purchased aircraft and other military hardware from Russia and Belarus.[87]. 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. 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 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. informational resource until the Administrative Committee of the Federal The ITAR Regulatory Framework on [28] This can be a time-consuming process. Sanctions are based on US foreign policy and national security goals; they can apply to foreign countries, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the US national security, foreign policy, or economy. Washington, DC 20230. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Secure .gov websites use HTTPS Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . of the issuing agency. As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. 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. .Gov website [ 21 ] Registration fees start at US $ 2,250 year. Viewed 127 times while on Public Inspection register with the State Department youve safely connected to the CONSOLIDATED SCREENING.. Of those items removal of satellite technology from ITAR regulation. [ 19 ] Aerospace. Federal and State firearms laws Dual National for the purposes of ITAR the XML This rulemaking does not or. Safely connected to the.gov website above, carrying a laptop computer which USML. Formal certification process to become ITAR compliant grants it official legal status s ) in for! 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