documents in the last year, 876 Document page views are updated periodically throughout the day and are cumulative counts for this document. [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. A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. Therefore, in accordance with Executive Order 13132, it is determined that this proposed amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. 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]. [107], United States law preventing export of military technologies, "ITAR" redirects here. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. Export Controls". 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. The Department of State Directorate of Defense Trade Controls (DDTC) interprets and enforces ITAR. 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. 01/18/2023, 823 Even U.S. companies have expressed interest in ITAR-free technology. This is a list of more than 20 countries that the U.S. has deemed as being particular threats. [27] Employees of foreign persons holding Dual or Third Country Nationality from countries proscribed under ITAR 126.1, such as Vietnam, The People's Republic of China ("PRC"), North Korea, Syria and Iran, will, as a general rule, not be authorized to have access to USML items. [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. An explanation of the International Traffic in Arms Regulations (ITAR) and how they control the sale of defense items and defense services. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . For complete information about, and access to, our official publications [27] These clauses will generally permit access by Dual and Third Country Nationals from NATO, EU, Japan, Switzerland, New Zealand and Australia (subject to certain conditions). Until the ACFR grants it official status, the XML 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. 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. Which countries are ITAR restricted? U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . This PDF is [21] Registration fees start at US$2,250 per year. How PreVeil meets the ITAR standards. 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. [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?] [8]:123.10, Collaborative programs (also known as "Armaments Cooperative Projects" ("ACPs")) between the U.S. and foreign Governments (such as the Joint Strike Fighter) may also authorize export of USML items (subject to strict controls).[28]. 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. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. Secure .gov websites use HTTPS rendition of the daily Federal Register on FederalRegister.gov does not 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. 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, 1401 The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. [61][72][73][74] [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. The list is updated every now and then, so be sure to check it regularly. 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. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. 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. 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 State Department does not need to authorize the data's export - unless it were being reexported to a restricted country or the Russian Federation. 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). 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. This site displays a prototype of a Web 2.0 version of the daily [60], While satellite technology had been subjected to ITAR since 1999, the U.S. had seen its share of global satellite manufacturing halved with, according to the Aerospace Industries Association, an estimated loss of $21 billion in revenue from 1999 to 2009.[19]. The ITAR regulate defense articles and defense services. documents in the last year, 90 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. 2. 22 U.S.C. The API has Fuzzy Name Search capabilities as well. The President of the United States manages the operations of the Executive branch of Government through Executive orders. are not part of the published document itself. (Sub-Saharan) Africa | East Asia and the Pacific | Europe and Eurasia | Near East (Middle East and Northern Africa) | South and Central Asia | Western Hemisphere Facilities and Areas of [] There is no formal certification process to become ITAR compliant. legal research should verify their results against an official edition of TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. [43][44]:2. Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. 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). For the reasons set forth above, title 22, chapter I, subchapter M, part 126 is amended as follows: 1. Where is OFAC's country list? OFAC administers a number of different sanctions programs. The ChinaSat 8 satellite, which had been scheduled for launch in April 1999 on a Long March 3B rocket,[100] was placed in storage for a decade and finally launched on an Ariane 5 rocket in 2008. 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. Privacy| Accessibility | Nondiscrimination, EXPORT CONTROLLED OR EMBARGOED COUNTRIES, ENTITIES AND PERSONS, Berkeley Research Infrastructure Commons (RIC), Countries with restricted entities on the EAR Entity Chart, Office of Foreign Assets Control (OFAC) Embargoed Countries Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma) and Sudan, OFAC Listed Countries and Territories Subject to Sanctions Liberia, Iraq, Zimbabwe, Balkans, Libya, Cote D'Ivoire (formerly Ivory Coast) and the Palestinian Territories, OFAC Specially Designated Nationals and Blocked Persons List. Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. 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. 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. Certain destinations, organizations and individuals are subject to trade sanctions, embargoes and restrictions under U.S. law. Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. 553(b), it does not require analysis under the Regulatory Flexibility Act. 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. CSL Application Programming Interface (API). See Sanctions Program and Country Summaries for more specific information. 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). An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. Register documents. cuba, iran).others are "targeted" (i.e. In the CSL downloadable files, there is a column which is titled source.This column indicates which specific federal agencys proscribed party screening list is the source for each entry on the spreadsheet. Avoiding discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare. documents in the last year, 84 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. 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. "[64] The need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs. Check lists of parties of concern on the BIS website. L. 108-375; Sec. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. Prior to taking further action, to ensure full compliance with all of the terms and conditions of the restrictions placed on the parties on this list, the user must check the official publication of restricted parties in the Federal Register. [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. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. Contact the Directorate of Defense Trade Controls. Department of the Treasury Office of Foreign Assets Control. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. 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". [68] This and similar policies are particularly damaging to international students studying aerospace engineering or related fields at U.S. universities, as opportunities to gain practical experience in their studies through internships are, due to licensing requirements, typically not offered to them at U.S. aerospace companies, and on-campus projects, when allowed, offer an alternate route for developing skills like those obtained through internships and co-op programs. 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. 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. Max Blenkin, "Fighter Deal Stalls on Secret Technology", Learn how and when to remove this template message, Coordinating Committee for Multilateral Export Controls, Under Secretary for Arms Control and International Security, "U.S. State Department Policy Directorate of Defense Trade Controls", "US State Department Policy Directorate of Defense Trade Controls", SUBCHAPTER MINTERNATIONAL TRAFFIC IN ARMS REGULATIONS, PART 120PURPOSE AND DEFINITIONS, "#08-449: 05-20-08 University Professor and Tennessee Company Charged with Arms Export Violations", "Proposed Charging Letter: July 24, 2008: Jay A. Brozot", "Acquitted Export Defendant Seeks Legal Fees from USG", "Prosecutors Reverse Course in China Spy Case The New York Sun", "Chinese Spy 'Slept' In U.S. for 2 Decades", "DSP-5 Export License Application Requirements", "Obama signs law easing satellite export controls", "121.1 The United States Munitions List", "Update Day 1: State Department Export Controls", "Hondura: Failing to Protect its People", "Guidelines for Preparing Electronic Agreements (Revision 4.1)", "Microsoft Word US Export Controls Guidance for Australian Companies _August 07_.doc", Venezuela Threatens to Sell F-16 Fleet to Iran, "GUIDELINES FOR COMPLETION OF THE APPLICATION FORM DSP-5", "Background Briefing 24 August 2008 Defence and discrimination", "Proposed Charging Letter: June 9, 2008: Wanda Denson-Low", "General Motors Corp. and General Dynamics Corp., Draft Charging Letter", "Luxembourg Company Agrees to $25 Million Fine for Illegal Exports", "Smuggler of U.S. military equipment to Taiwan pleads guilty", "Three men indicted in scheme to illegally export night vision goggles to Vietnam", "End-Use Monitoring of Defense Articles and Defense Services Commercial Exports FY 2012", "RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL POLICY, Report to Congress, Section 1248 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111 84)", "Bill Eases Export Rules on Commercial Satellites", "ITAR Dilemma: Finding The Balance Between Regulation And Profit Page 1 of 3:: Via Satellite", "Balancing the Needs for Space Research and National Security in the ITAR", "Electronic Code of Federal Regulations, Title 22, Chapter I, Subchapter M, Part 120", "UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS, FUNDAMENTAL RESEARCH OVERRIDES DEFENSE SERVICES", "Export Control Applicability and Policy Background, and Regulatory Authority", "NASA Procedural Requirements Appendix E. NASA Fundamental Research Designation Guidelines", "Negotiating and Managing University/Industry Collaborative Space Science: An Academic Perspective", "#07-807: 10-11-07 Fact Sheet: Major U.S. 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. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. While every effort has been made to ensure that The current list includes China, Iran, and other countries. Prohibited exports, imports, and sales to or from certain countries. that agencies use to create their documents. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. Government. This site contains PDF documents. This compares to 12 Consent Agreements in the preceding 22 years. should verify the contents of the documents against a final, official Register (ACFR) issues a regulation granting it official legal status. offers a preview of documents scheduled to appear in the next day's This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". Director, Office of Directives Management, Department of State. European GNSS Supervisory Authority (20042010), Various conventions, treaties, agreements, memorandums, charters or declarations establishing and governing intergovernmental organisations or inter-agency bodies dealing with space affairs, This page was last edited on 7 November 2022, at 12:48. The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. 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. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. [106], ITAR remains a major concern in the European aerospace industry as of 2016. [36] Penalties may also require the party to submit to external audit. However, there are certain standards companies are expected follow and comply with. 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. 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).
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