For complete information about, and access to, our official publications 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). [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration About the Federal Register Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. The lists on this page deal with WHERE and TO WHOM items, information or software is going. 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). [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. The ITAR defines fundamental research in a bullet under "Public domain means information which is published and which is generally accessible or available to the public" (120.11). ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, 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.[1]. Copyright UC Regents. [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. 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. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. Where is OFAC's country list? ITAR - International Traffic in Arms Regulations Afghanistan Belarus Burma Central African Republic China Cuba* Cyprus Democratic Republic of the Congo Eritrea Haiti Iran* Iraq Kyrgyzstan Lebanon Libya North Korea Russian Federation and occupied Crimea Somalia Sudan Syria* Venezuela Zimbabwe EAR - Export Administration Regulations Armenia OFAC administers a number of different sanctions programs. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. 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. From this API, any company can build a search engine to quickly find names, aliases, and other screening information. The Public Inspection page This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. provide legal notice to the public or judicial notice to the courts. Document page views are updated periodically throughout the day and are cumulative counts for this document. The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. Determine if a license or other approval is needed. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. Federal Register. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. See Sanctions Program and Country Summaries for more specific information. There is no formal certification process to become ITAR compliant. 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. Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email DDTCCustomerService@state.gov. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. "[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. 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. [71] U.S. companies point to announcements in Europe by TAS (Thales Alenia Space) promoting their "ITAR-free" telecommunication satellites. edition of the Federal Register. 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. documents in the last year, by the Food Safety and Inspection Service In simplified terms, an export often implies a transfer of restricted information, materials, equipment, software, and so on, to a foreign person or foreign destination by any means. Official websites use .gov Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. New Documents [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. This site contains PDF documents. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). 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 documents in the last year, 480 Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR 120.17) are not part of the published document itself. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. 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. on An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. 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. include documents scheduled for later issues, at the request publication in the future. This is where the International Traffic in Arms Regulations (ITAR) come in. "[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. Federal Register issue. Screen potential buyers and end-users to comply with U.S. Government regulations. When you apply for the license however, that is when the country may become important. 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. Below, under "Tools" are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming . documents in the last year, 534 Prohibited exports, imports, and sales to or from certain countries. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. [citation needed] Restrictions were loosened on 36 countries, strict controls remained on another 150 countries, and exports remained prohibited to 20 countries. Know Which Countries, Entities, and Persons are Restricted Restricted Countries, Entities, and Persons The U.S. Department of the Treasury, through its Office of Foreign Assets Control (OFAC) , enforces U.S. embargo and sanction programs that may restrict transactions with certain foreign countries irrespective of whether the exported technology is controlled under the ITAR or the EAR . Until the ACFR grants it official status, the XML Finally, technical data and defense services relating to the M4 are in paragraph (i): (i) Technical data (as defined in 120.33 of this subchapter) and defense services (as defined in 120.32 of this subchapter) directly related to the defense articles described in paragraphs (a) through (h) of this category. We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. International Traffic in Arms Regulations - ITAR Prohibited Countries The Public Inspection page may also [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. and services, go to [107], United States law preventing export of military technologies, "ITAR" redirects here. [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. 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: [95], It is important to note that, in both cases, theoretical access to the USML items overseas or by foreign persons is sufficient to constitute a breach of ITAR. 2. The documents posted on this site are XML renditions of published Federal Learn more about each below. 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. A .gov website belongs to an official government organization in the United States. The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). . [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]. Comply with U.S. and Foreign Export Regulations. [3] US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.[4]. Share sensitive information only on official, secure websites. A Rule by the State Department on 03/18/2021. u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. 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. on FederalRegister.gov The President of the United States manages the operations of the Executive branch of Government through Executive orders. 553(b), it does not require analysis under the Regulatory Flexibility Act. 553(a)(1). In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. Even U.S. companies have expressed interest in ITAR-free technology. This repetition of headings to form internal navigation links (2) Prior to September 1, 2021, for commercial space launches. Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. [18] The U.S. Department of State has published 29 instances of Consent Agreements (agreements entered into by parties charged with breaches of ITAR) since 1999.[4][when?] Until 19961997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.[5] Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. 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. ITAR also operates to prohibit the "Retransfer" (also called "Re-export") of items on the USML by foreign persons unless the Retransfer is specifically authorized under the relevant export authorization. 1401 Constitution Ave NW The State Department will often have a more liberal licensing . This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. [36] Penalties may also require the party to submit to external audit. 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. 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. CSL Application Programming Interface (API). has no substantive legal effect. 287c; Sec. offers a preview of documents scheduled to appear in the next day's They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. documents in the last year, 876 (Best viewed in Chrome and Firefox). Department of the Treasury Office of Foreign Assets Control. As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. Munitions List (USML) and allows him to decide which satellite technologies are the most important to protect. ITAR's impact of increased regulations also meant America's worldwide market share in satellite technology declined from 83 percent to 50 percent in 2008, states The Economist, which cited a report from Space Review. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). "[60] The bill "allows the president to remove commercial satellites and components from the U.S. Part 566; and Executive Order 13846. Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. Munitions List and 600-series items controlled by the Commerce Control List; (3) Information covered by an invention secrecy order; or, (4) Software (see 22 CFR 120.40(g)) directly related to defense articles. There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restriction. 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 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. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. [55] Blue Lantern "monitors the end-use of commercially exported defense articles, defense services, and related technical data subject to licensing or other authorizations under section 38 of the AECA. [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. 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 CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. 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. [106], ITAR remains a major concern in the European aerospace industry as of 2016. Learn more about recent Russia sanctions and other export control updates. The U.S. government has to give specific permission for equipment (and information, referred to in ITAR as technical data) before those items can be handed over to a non-US citizen, company, or government. [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. In late 2012, the US Congress passed the 2013 defense authorization bill which, if signed into law, will allow U.S. satellite manufacturers to "be more able to collaborate with international partners and [place] U.S. component makers on a more even footing in the global marketplace. on [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. 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. Facing a Foreign Trade AD/CVD or Safeguard Investigation? 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. 804. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. [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. 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. [28], ITAR treats access to USML items by "Dual-National" and "Third Country National" employees of a foreign organization as a Retransfer to the employees' other countries of nationality. * * *. 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 . This document has been published in the Federal Register. documents in the last year, 675 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. Because the scope of this rule implements a governmental policy limiting defense trade with a country, and does not impose additional regulatory requirements or obligations, the Department believes costs associated with this rule will be minimal.
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