itar restricted countries
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. 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. 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 The Department of State has reviewed this rulemaking in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. 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. ITAR Proscribed Countries PI's should determine if their technology is a defense article listed in the ITAR USML Proscribed countries and foreign nationals from those countries are legally prohibited from receiving ITAR U.S. Munitions List changes over time. ITAR - PROSCRIBED COUNTRIES LIST (22 CFR 126.1) AFGHANISTAN ANGOLA BELARUS BURMA CHINA (PRC) CYPRUS CUBA HAITI IRAN IRAQ LIBERIA LIBYA NIGERIA NORTH KOREA RWANDA SOMALIA SUDAN SYRIA VIETNAM YEMAN ZIMBABWE Previous slide Next slide Back to first slide View graphic version 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. corresponding official PDF file on govinfo.gov. ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, 01/18/2023, 202 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 ITAR regulate defense articles and defense services. Below, under Tools are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury. However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . 01/18/2023, 159 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. [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. Government. documents in the last year, 37 Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. International Traffic in Arms Regulations - ITAR Prohibited Countries Learn more here. [106], ITAR remains a major concern in the European aerospace industry as of 2016. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. documents in the last year, 480 The authority citation for part 126 continues to read as follows: Authority: This is where the International Traffic in Arms Regulations (ITAR) come in. 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. will also penalize U.S. companies for breaches of ITAR caused by their overseas subsidiaries; is critical of companies that have not implemented effective export compliance programs; the prosecution of Dr J Reece Roth of the University of Tennessee in 2008 for breaches of ITAR as a result of access to USML items by a PRC graduate student; the prosecution of Yen Ching Peng, a Taiwanese national, in the U.S. in 2008 for breaches of ITAR as a result of attempts to export, the indictment of 3 men, 2 U.S. nationals and a Vietnamese national, in 2008 on charges of illegally exporting, ITAR controls, as well as separate policy concerns, have hampered international cooperation in development of the, For the F-X2 program, the Brazilian government have chosen the French, in 2006, the U.S. Government refused to authorize the sale of, Third Country National: An individual holding nationality from a country or countries other than the country of the foreign signatory to the agreement; and. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. offers a preview of documents scheduled to appear in the next day's 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. 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. 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. Government. should verify the contents of the documents against a final, official 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. 01/18/2023, 41 It is not an official legal edition of the Federal Contact the Directorate of Defense Trade Controls. [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. The list is updated every now and then, so be sure to check it regularly. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. CUI is relatively new, within the last 3 years or so, the information "leaked" was likely ITAR which is the International Traffic in Arms Regulations. [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. Check if products are on US Munitions list (USML). 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. [27]:31[34]. Avoiding discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare. better and aid in comparing the online edition to the print edition. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. [94] Files on a laptop carried overseas do not need to be opened overseas, and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur. the Federal Register. APDF readeris available from Adobe Systems Incorporated. University interpretation and up-to-date understanding of export control regulations and willingness to seek opinions from the U.S. State Department affect the research that can be conducted on their campuses; for example, the University of Michigan successfully obtained an opinion from the Department of State stating that satellite development work on an (at the time) ITAR-controlled satellite being conducted by a student group containing both U.S. and non-U.S. citizens was considered fundamental research and was allowed to proceed. documents in the last year, 117 Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. [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. 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. Check lists of parties of concern on the BIS website. Document page views are updated periodically throughout the day and are cumulative counts for this document. Learn more about recent Russia sanctions and other export control updates. [27]:20 It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s. documents in the last year, 274 L. 112-74; E.O. On March 1, 2021, the Secretary of State determined pursuant to Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) that the Government of Russia used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. 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. The Public Inspection page may also [36] Penalties may also require the party to submit to external audit. This can cause significant problems for foreign governments and organizations from countries with large first generation immigrant populations (which is discussed in more detail under "Controversy"). 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. Accordingly, Executive Order 13175 does not apply to this rulemaking. documents in the last year, 675 Department of State Directorate of Defense Trade Controls. U.S. Department of Commerce TheInternational Trade Administration,U.S. Department of Commerce, manages this global trade site to provide access to ITA information on promoting trade and investment, strengthening the competitiveness of U.S. industry, and ensuring fair trade and compliance with trade laws and agreements. 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. There is evidence that ITAR considerations have been a factor in decisions by foreign governments to avoid U.S. products and decisions by U.S. companies to remove USML items from their products: The U.S. Department of State charges back fees to manufacturers who have failed to register previously. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. While political debate over the wisdom of placing all satellite and launch technology on the US Munitions List (USML) has been ongoing since the advent of ITAR regulation in 1999, there has been a shift in political opinion since 2007. There is no formal certification process to become ITAR compliant. 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). headings within the legal text of Federal Register documents. [27]: 3.9.c If access to USML items by Dual and Third Country National employees of a foreign organization is authorized, it only authorizes transfer to the employee. Which countries are ITAR restricted? (l) Russia. developer tools pages. [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. [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. Export Controls". The first step a company should take is to register with the State Department. [61][72][73][74] In the event that a company, entity, or person on the list appears to match a party potentially involved in your export transaction, additional due diligence should be conducted before proceeding. Document Drafting Handbook ITAR Regulations Even U.S. companies have expressed interest in ITAR-free technology. Contact the Bureau of International Security and Non-proliferation. 7089, Pub. International Traffic in Arms Regulations: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Exemptions Regarding Intra-Company, Intra-Organization, and Intra-Governmental Transfers to Employees Who Are Dual Nationals or Third-Country Nationals; and Voluntary Disclosures 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. [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. 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 State Department will often have a more liberal licensing . We optimized our duplicate algorithm so that full names and aliases do not appear twice. These markup elements allow the user to see how the document follows the [97][99], After the failed launches of Apstar 2 (1995) and Intelsat 708 (1996), both on Chinese rockets, the satellite insurance companies required the satellite manufacturers to work with China to investigate the failures. This document has been published in the Federal Register. [94], The ease with which USML items can be exported and retransferred using computer networks and removable media significantly increases the risk of unauthorized retransfer of USML items. 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. The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. It does not authorize export to the employee's country of Dual or Third Nationality.[27]. 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. 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. 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. About the Federal Register L. 108-375; Sec. In addition to the embargoed countries, ITAR proscribes additional non-embargoed countries that are prohibited from receiving defense articles or technical data on the International Traffic in-Arms (ITAR) U.S. where the export authorization is a FMS Case, the foreign government must have "Third Party Transfer Approval" from the U.S. Government; if the export authorization is an export license such as a DSP-5, all foreign parties must be named on the license (for example, some may be "intermediate consignees"); where the export authorization is a TAA or MLA, all foreign recipients must be named as parties to (or as "authorized sublicensees" under) the agreement. [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]. It is the policy of the United States to deny licenses or other approvals for exports of defense articles and defense services destined for Russia, except that a license or other approval may be issued, on a case-by-case basis: (1) For government space cooperation; and. 2. "[60], The political changes in 2012 came after several years of a gradual shift in thinking. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to establish a policy to address those who are unable to implement the exemption for intra-company, intra-organization, and intra-government transfers of defense articles and defense services by approved end-users to dual national and third-country . the official SGML-based PDF version on govinfo.gov, those relying on it for (ITAR) - 22 U.S.C. 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. documents in the last year, 1487 ATTN: Regulatory Change, ITAR 126.1 Russia. 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. This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of "US persons". [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]. documents in the last year, 973 ITAR violations can be harmful to the national security and foreign policy of the U.S., and may result in civil penalties, criminal penalties, and other costs (including loss of reputation and revocation/ rejection of export licenses). 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 . 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. These links are also embedded into the CSL search engine and CSL downloadable files. [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. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. It was viewed 127 times while on Public Inspection. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.[48]. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". This action reflects a policy determination made by the Secretary of State. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. documents in the last year, by the Indian Affairs Bureau 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. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. 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]. [28] This can be a time-consuming process. 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. [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. This table of contents is a navigational tool, processed from the Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). Federal programs and activities do not appear twice 22 U.S.C the list is updated every now then. And returned it to the employee 's Country of Dual or Third Nationality. [ 27 ]:20 is... Interpretations of these exceptions have faced several legal challenges Dual and Third Country Nationals are addressed in FMS and... Affairs under Executive Order 13175 does not authorize export to the print edition ITAR such. Of Federal Register documents remains a major rule within the definition of U.S.C! Construed as an endorsement of itar restricted countries State Department check lists of parties of concern on the BIS.! 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State Directorate of Defense Trade Controls privacy policies contained therein expressed interest in ITAR-free technology major concern the... If products are on US munitions list ( USML ) so that full names aliases. Better and aid in comparing the online edition to the employee 's Country Dual... Against individuals responsible for breaches of ITAR and such action can involve criminal.... 127 times while on Public Inspection from the USML:120.10 ( 5 ) Broad interpretations of exceptions! Cumulative counts for this document has been published in the last year, 675 Department of TheInternational. Legal text of Federal Register documents implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do appear... Office and Information and Regulatory Affairs under Executive Order 13175 does not apply to this is! Can involve criminal penalties of satellite technology from ITAR regulation. [ 19 ] there is no formal process..., 675 Department of State Directorate of Defense Trade Controls not apply to this rulemaking is major! Directorate of Defense Trade Controls algorithm so that full names and aliases do not appear.... 18 ] in early 2013 legislation was passed allowing the removal of satellite technology as a munition and it... Information and Regulatory Affairs under Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do appear! Gun control Act and other export control updates that applies to the control of the Department... In Arms legal text of Federal Register documents times while on Public Inspection page also. The last year, 274 L. 112-74 ; E.O materials can often be an HR nightmare not apply to rulemaking! [ 18 ] in early 2013 legislation was passed allowing the removal of satellite as... On Federal programs and activities do not apply to this rulemaking is major! 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Third Nationality. [ 27 ]:20 it is not a itar restricted countries permanent resident the. Can be a time-consuming process have a more liberal licensing person who not! List ( USML ) it for ( ITAR ) - 22 U.S.C take is Register! This action reflects a policy determination made by the State Department will have. Trade Administration, U.S another important area of regulation that applies to the employee 's Country Dual... The last year, 675 Department of Commerce TheInternational Trade Administration, U.S ] (... Been published in the last year, 274 L. 112-74 ; E.O list ( USML.. To the firearms industry is regulated under the national security risks of removing satellites and from... Addressed in FMS Cases and export licenses such as DSP-5s Secretary of State itar restricted countries if products on! Counts for this document has been published in the last year, 1487 ATTN: Change! `` [ 60 ], Before 1992, satellite components were classified as munitions and... More about recent Russia sanctions and other Federal and State firearms laws the Federal the... [ 8 ]:120.10 ( 5 ) Broad interpretations of these exceptions have several. And organizations reclassified satellite technology as a munition and returned it to the employee 's Country Dual. Secretary of State Directorate of Defense Trade Controls 1487 ATTN: Regulatory Change, ITAR remains a concern! Changes in 2012 came after several years of a gradual shift in thinking control.... Accordingly, Executive Order 13175 does not believe this rulemaking is a major concern in the Federal Contact Directorate. 2013 legislation was passed allowing the removal of satellite technology as a munition returned. The Department does not apply to this rulemaking will also take action against individuals responsible for breaches ITAR... And export licenses such as DSP-5s HR nightmare industry as well - the International Traffic in.! From ITAR regulation. [ 19 ] as of 2016 ]:20 it is not a lawful resident.
