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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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Export Controls: Complying with ITAR

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  1. Export Controls: Complying with ITAR

  2. 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

  3. 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

  4. 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.

  5. 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.

  6. 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/exceptions apply? –What is the classification of your technology?

  7. Want to learn more about U.S. export controls, its regulations and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Essentials of Export Controls. • How to Conduct Due Diligence for Exports to Sanctioned Countries? • Mastering U.S. Export Administration Regulations. • Implementing an Export Management and Compliance System. • Multinational Scope of US Export Controls and Economic Sanctions Laws • Is your Export Control Program Up to Standard?

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