Export Controls: Complying with ITAR
What are Export Controls?
U.S. laws and regulations that restrict the flow (shipment, transmission or transfer) of certain materials, devices and technical information related to them outside the U.S. or to foreign persons in the U.S.
U.S. Export Control Laws
3 primary set of export and sanctions rules:
US Export Administration Regulations (EAR)
International Traffic in Arms Regulations (ITAR)
Economic Sanctions Regulations
International Traffic in Arms Regulations
Regulations administered by the U.S. Department of State Directorate of Defense Trade Controls (DDTC).
Governed by the Arms Export Control Act (AECA)- 22 CFR §2778 and 22 CFR §120-130.
Regulate exports of items and services specifically designed for military applications.
Control the permanent and temporary export and temporary import of items on the United States Munitions List (USML), including:
Defense articles
Defense services
Technical data
Exports Under ITAR
Sending or taking a ‘defense article’ out of the U.S.
Disclosing or transferring in the U.S. any defense article to an embassy, agency or subdivision of a foreign government.
Performing a defense service for a ‘foreign person’.
Disclosing, releasing or transferring technical data or other information to a foreign person.
Licensing Requirements
Registration
Register with the Department of State via DDTC.
A complete registration package includes:
A DS-2032
Transmittal letter
Legal documentation
Any required attachments
Registration is a pre-requisite to export licensing approval; it does not confer any export privileges.
A license or applicable license exception is required prior to the export of defense articles or services, or technology transfers.
License application can be submitted online at DDTC’s website through DTrade.
Checklist for ITAR Controlled Technical Data
Who are you sharing the technical data with?
–Is it one of your employees?
–Will it be shared in the U.S. or outside the U.S.?
–Do any exemptions/exceptio
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