L. 108-375; Sec. [35], U.S. Government policy also imposes a positive obligation on U.S. companies to fully disclose any breaches of ITAR to the U.S. pmddtc.state.gov export.gov 287c; Sec. 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). Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. 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). Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . Which countries are ITAR restricted? In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. documents in the last year, 16 part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. 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. This site displays a prototype of a Web 2.0 version of the daily Learn more here. [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. 1225, Pub. If a U.S. export authorization is silent as to access by Dual and Third Country National employees of a foreign party, the authorization has the effect of limiting access to employees who are nationals only of the country of their employer. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. The API has Fuzzy Name Search capabilities as well. Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. 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. Where is OFAC's country list? This site contains PDF documents. 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. This document has been published in the Federal Register. edition of the Federal Register. The AECA and ITAR were enacted in 1976 during the Cold War with USSR and were intended to implement unilateral arms export controls that reflected those imposed on Eastern Bloc countries by the multilateral Coordinating Committee for Multilateral Export Controls.[15][16]. The Department of Defense is also involved in the review and approval process. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. documents in the last year, 117 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. better and aid in comparing the online edition to the print edition. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . 804. 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. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. Until the ACFR grants it official status, the XML [71] U.S. companies point to announcements in Europe by TAS (Thales Alenia Space) promoting their "ITAR-free" telecommunication satellites. The authority citation for part 126 continues to read as follows: Authority: Government. 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. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. [43][44]:2. 22 U.S.C. All rights reserved. This prototype edition of the of the issuing agency. A flash suppressor for the M4 rifle then follows in paragraph (e): *(e) Silencers, mufflers, sound and flash suppressors for the articles in (a) through (d) of this category and their specifically designed, modified or adapted components and parts. 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. (2) Classified information relating to defense articles and defense services on the U.S. For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. documents in the last year, 973 for better understanding how a document is structured but This is similar to the concept of "Deemed Exports" used by the Bureau of Industry and Security within the Department of Commerce in administration of the Export Administration Regulations although the Department of State does not use the term "Deemed Export"[23] (see also "Restrictions on Dual and Third Country Nationals below"). documents in the last year, by the Food Safety and Inspection Service 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. 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. 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. [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?] Determine if a license or other approval is needed. [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"). 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. 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. on FederalRegister.gov Department of State Bureau of International Security and Non-proliferation. These markup elements allow the user to see how the document follows the [FR Doc. 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 . Federal Register. 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. 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 . informational resource until the Administrative Committee of the Federal equipment. documents in the last year, 876 The Department of State charged Space Systems/Loral with violating the Arms Export Control Act and the ITAR. Only official editions of the In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. 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. [55], Because failure to implement an effective export compliance program can be an exacerbating factor in the event of a breach of ITAR,[48] the U.S. Government encourages U.S. exporters to implement internal export compliance programs. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. 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. 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 [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. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. Middle East culture and attractions", "Navy says no to buying American U.S. restrictions on technology can lead to delays", "Sikorsky's Cyclone Touches Down in Canada", "Frequently Asked Questions (FAQs), Licensing of Foreign Persons Employed by a U.S. Screen potential buyers and end-users to comply with U.S. Government regulations. Department of the Treasury Office of Foreign Assets Control. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. [27]:31[34]. Prohibited exports, imports, and sales to or from certain countries. daily Federal Register on FederalRegister.gov will remain an unofficial [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. 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. [99] The European company Thales Alenia Space developed a line of ITAR-free satellites that used no restricted U.S. components, allowing them to be launched on Chinese rockets between 2005 and 2012. 39 - 22 CFR Parts 120 . 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. establishing the XML-based Federal Register as an ACFR-sanctioned Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . 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. The lists on this page deal with WHERE and TO WHOM items, information or software is going. 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? Export Enforcement Actions in the Past Year", "The Defense Trade Cooperation Treaties with the United Kingdom andAustralia Advance the American Interest | The Heritage Foundation", "Chinese Rocket Launches French Communications Satellite Into Orbit | China Rocket Launches & Satellites | China Space Program", ITAR free SPACEBUS 4000B2: avionic block diagram, "INITIATIVE FOR A RENEWED TRANS-ATLANTIC PARTNERSHIP, A WORKING PAPER, TRUSTED PARTNERS: SHARING TECHNOLOGY WITHIN THE U.S.-UK SECURITY RELATIONSHIP", "Australia: Background and U.S. Relations", "The Seattle Times: Business & Technology: Separation anxiety: The wall between military and commercial technology", "Brazilian brigadier bashes US defense export policies on YouTube | The DEW Line", "Brazil favors France's Rafale jet minister", "Minutes of the October 21, 2008 Plenary Session", "Love Rocks: CASA's $600M Venezuelan Plane Sale Hits Heavy Turbulence, Crashes", "Venezuela EUA Impedem Embraer de vender Super Tucanos Venezuela Defesa@Net", "Military of Venezuela profile. to the courts under 44 U.S.C. [42] Failure to do so can significantly increase penalties applied by the U.S. Learn more about recent Russia sanctions and other export control updates. However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . 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. International Trade Administration 553(a)(1). 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. [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. 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