[18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. Government. documents in the last year, by the Engineers Corps and the Environmental Protection Agency This rulemaking does not impose or revise any information collections subject to 44 U.S.C. 553(b), it does not require analysis under the Regulatory Flexibility Act. 39 - 22 CFR Parts 120 . (2) Prior to September 1, 2021, for commercial space launches. 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. documents in the last year, 946 Information about this document as published in the Federal Register. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. While every effort has been made to ensure that [27]:31[34]. A .gov website belongs to an official government organization in the United States. 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). 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. 1401 Constitution Ave NW [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 "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 Federal Register provide legal notice to the public and judicial notice [101] ITAR has been blamed for "destroy[ing] an industry," reducing the market share of U.S. satellite makers by almost 25% from 1997 to 2007. 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. 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. "[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. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) Physical enforcement of the ITAR (as well as all import and export laws of the United States) is performed by Homeland Security Investigations Special Agents (formerly U.S. Customs) under Immigration and Customs Enforcement, an agency of the Department of Homeland Security. documents in the last year, 37 However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . 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. 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. [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]. should verify the contents of the documents against a final, official 01/18/2023, 41 documents in the last year, 1401 It was viewed 127 times while on Public Inspection. (l) Russia. L. 108-375; Sec. 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 . ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, The OFR/GPO partnership is committed to presenting accurate and reliable 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). (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . International Trade Administration 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. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. The Public Inspection page The lists on this page deal with WHERE and TO WHOM items, information or software is going. OFAC administers a number of different sanctions programs. Document Drafting Handbook These tools are a consolidation of multiple export screening lists of the Departments of Commerce, State, and the Treasury and may be used as an aid to industry in conducting electronic screens of potential parties to regulated transactions. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. [103], In May 2014, the United States Department of State reclassified satellites and several related components so they will no longer be treated as munitions whose export is controlled by ITAR, but will be covered instead under the Export Administration Regulations. APDF readeris available from Adobe Systems Incorporated. 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? ITAR Compliance. The export authorization may take the form of: Where the export authorization relates to USML items that are classified information or are identified as "Significant Military Equipment"[8]:120.7 on the USML, a DSP-83 Nontransfer and Use Certificate will also be required. 22 U.S.C. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. 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. documents in the last year, by the International Trade Commission 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. 2. [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. [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. has no substantive legal effect. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. for better understanding how a document is structured but [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. This means that if, for example, a foreign person wants to Retransfer a USML item to another foreign person (such as a subcontractor), both foreign persons must be authorized under the relevant export authorization: Where a foreign person requires access to USML items exported under a specific export authorization, but that foreign person is not authorized under the export authorization, the export authorization must be amended and re-approved by the U.S. Department of State. [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. If you are using public inspection listings for legal research, you 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. 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain 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. 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. [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. 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 links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. The current list includes China, Iran, and other countries. [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). [36] Penalties may also require the party to submit to external audit. Munitions List (USML). Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. 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