documents in the last year, by the International Trade Commission The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 2651a; 22 U.S.C. While every effort has been made to ensure that edition of the Federal Register. Register documents. ITAR's impact of increased regulations also meant America's worldwide market share in satellite technology declined from 83 percent to 50 percent in 2008, states The Economist, which cited a report from Space Review. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. [94] Foreign employees working in the US cannot have access to the same network where ITAR data may be stored, nor may they have access to rooms or facilities where ITAR work is being done. Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. 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 [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. This is frequently the case where the individual's parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada to parents who were born in the UK is able to obtain a British passport (see British nationality law). ATTN: Regulatory Change, ITAR 126.1 Russia. to the courts under 44 U.S.C. [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. an export license, such as a DSP-5 (Department of State Publication No. Munitions List (USML) and allows him to decide which satellite technologies are the most important to protect. The Public Inspection page The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. APDF readeris available from Adobe Systems Incorporated. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. Document Drafting Handbook Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. In addition, an exception, valid for six Director, Office of Directives Management, Department of State. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. Munitions List (USML). 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. The President of the United States manages the operations of the Executive branch of Government through Executive orders. [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. u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. 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. Suppliers at Fault in "ITAR-free" Misnomer", "Back-to-back commercial satellite wins leave China Great Wall hungry for more", Details from the Bureau of Industry and Security, part of the Department of Commerce, The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, Federation of American Scientists' Export Control 'Reform' Site, The Effects of Export Control on the Space Industry, The Space Show interviews Ann Ganzer, Director of the Office of Defense Trade Controls Policy (DTCP) for the State Department, A Guide To Selected U.S. Travel/Identity Documents For Law Enforcement Officers, Search List of Parties Debarred for AECA Convictions, European Launcher Development Organisation, European Cooperation for Space Standardization, European Space Research and Technology Centre, European Centre for Space Applications and Telecommunications, Space Telescope European Coordinating Facility, European Space Security and Education Centre, EU Commission DG Defence Industry and Space, Body of European Regulators for Electronic Communications, European Network of Civil Aviation Safety Investigation Authorities, AeroSpace and Defence Industries Association of Europe, European Committee for Electrotechnical Standardization, European Conference of Postal and Telecommunications Administrations, European Telecommunications Standards Institute, European Organisation for Civil Aviation Equipment, European Organisation for the Exploitation of Meteorological Satellites, European Telecommunications Satellite Organization, Organization for Security and Co-operation in Europe, Creation of the British National Committee for Space Research, Creation of the British National Space Centre, Strategic Defence and Security Review 2015, Cancellation of the Constellation program, Launch of the Space Launch System program, Development of the Commercial Crew Program, Re-establishment of the National Space Council, Politics of the International Space Station, International Civil Aviation Organization, Committee on the Peaceful Uses of Outer Space, Consultative Committee for Space Data Systems, Committee on Earth Observation Satellites, Inter-Agency Space Debris Coordination Committee, International Charter 'Space and Major Disasters', International Mobile Satellite Organization, International Space Exploration Coordination Group, International Space Station Multilateral Coordination Board, International Telecommunications Satellite Organization, Orbital Debris Co-ordination Working Group, Regional African Satellite Communication Organization, Arab Satellite Communications Organization, Asia-Pacific Space Cooperation Organization, Prevention of an Arms Race in Outer Space, International Cospas-Sarsat Programme Agreement, International Space Station Intergovernmental Agreement, Students for the Exploration and Development of Space, Arthur C. Clarke Institute for Modern Technologies, Timeline of first orbital launches by country, https://en.wikipedia.org/w/index.php?title=International_Traffic_in_Arms_Regulations&oldid=1120523057, Articles with dead external links from February 2015, All Wikipedia articles written in American English, Articles needing cleanup from February 2021, Cleanup tagged articles with a reason field from February 2021, Wikipedia pages needing cleanup from February 2021, All articles with vague or ambiguous time, Wikipedia articles in need of updating from June 2018, All Wikipedia articles in need of updating, Articles with unsourced statements from September 2018, Wikipedia articles in need of updating from October 2014, Articles with unsourced statements from May 2014, Articles with unsourced statements from November 2017, Wikipedia external links cleanup from February 2015, Wikipedia spam cleanup from February 2015, Creative Commons Attribution-ShareAlike License 3.0. a corporation, business, organization, or group that is incorporated in the United States under U.S. law. U.S. Department of Commerce electronic version on GPOs govinfo.gov. 5), which authorizes the temporary or permanent export of defense articles and/or technical data to a foreign person (but not technical assistance or defense services); a Warehouse and Distribution Agreement which is an agreement to establish a warehouse or distribution point abroad for defense articles to be exported from the United States for subsequent distribution to entities in an approved sales territory; a Technical Assistance Agreement ("TAA") which authorizes a U.S. manufacturer/service provider to supply defense services to a foreign person (which could involve training or technical discussions regarding U.S. technology); a Manufacturing License Agreement ("MLA") which authorises a U.S. manufacturer to supply manufacturing know-how related to defense articles to a foreign person. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . Secure .gov websites use HTTPS Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. Check if products are on US Munitions list (USML). [10] The U.S. government has also taken action (albeit unsuccessfully) for the export of technical data that was allegedly already publicly available on the Internet.[11][12][13][14]. . 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. 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. ITAR Regulations Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. 01/18/2023, 41 Department of State Directorate of Defense Trade Controls. the material on FederalRegister.gov is accurately displayed, consistent with better and aid in comparing the online edition to the print edition. 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. [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. Administered by the US Department of State, ITAR imposes controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items - also known . European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. TheCSL APIenables computers to freely access the CSL in an open, machine-readable format. If you intend to ship to a country, entity or person that appears on a restricted list, contact the Associate Vice Chancellor for Research, EMBARGOED OR OTHERWISE RESTRICTED DESTINATIONS, ORGANIZATIONS OR INDIVIDUALS. 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. For complete information about, and access to, our official publications (See the lists of controlled technologies for guidance about WHAT may be sent.). In this article, we'll cover: Who Needs to be ITAR Compliant? A .gov website belongs to an official government organization in the United States. Person", "U.S. rules for defence company in Quebec violate rights: commission Montreal CBC News", "How to Avoid Discrimination in Hiring, While Complying with Export Laws | Connecticut Employment Law Blog", "I: Introduction What is a "deemed export" under the EAR/ITAR", "A short history of export control policy", "An Overreaction that Destroyed an Industry: The Past, Present, and Future of U.S. Satellite Export Controls", "Commercial Space Transportation Quarterly Launch Report", "Rocket malfunction causes satellite to not reach preset orbit", "U.S. Satellite Component Maker Fined $8 Million for ITAR Violations", "Caleb Henry, New US Satellite Export Reforms Gets Positive Response from Industry, in Via Satellite, May 16, 2014", "U.S. ITAR satellite export regime's effects still strong in Europe", "Thales Alenia Space: U.S. [33], In addition, the prohibition on access by Dual and Third Country Nationals from countries proscribed under ITAR 126.1 can cause problems for countries with large immigrant populations from those countries (such as Canada and Australia, which both have large Overseas Chinese and Overseas Vietnamese immigrant populations: see immigration to Canada and immigration to Australia). Likewise, access to USML items on corporate systems, such as intranets, by foreign persons overseas or in the U.S., is considered a Retransfer of the items. The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defense and space-related articles and services as defined in the United States Munitions List (USML). The lists on this page deal with WHERE and TO WHOM items, information or software is going. Learn more about recent Russia sanctions and other export control updates. documents in the last year, 1487 The prohibition on Retransfer stems from the requirement for all export authorizations to include the statement that "[t]he technical data or defense service exported from the United States in furtherance of this agreement and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained."[30]. on "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. [64] In contrast, as of March 2016, Stanford's Export Control Officer maintains that all satellite systems are controlled defense articles under the ITAR (despite their reclassification under the EAR in 2014) and, based on NASA criteria for automatic designation of a research project as fundamental research,[67] does not consider projects above TRL 4 to be fundamental research, limiting the activities of laboratories and project-based groups on campus. 287c; Sec. on The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports, or transfers of items. documents in the last year, 876 counter-terrorism, counter-narcotics) and focus on specific individuals and entities.these programs may encompass broad prohibitions at the country level as well as targeted sanctions.due to the diversity among Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". 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. [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. A locked padlock ) or https:// means youve safely connected to the .gov website. CSL Application Programming Interface (API). Use the Consolidated Screening List Search Engine. The Public Inspection page may also Section 126.1 is amended by revising the second sentence in paragraph (a), revising the table in paragraph (d)(2), and adding paragraph (l) to read as follows: (a) * * * 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 for Russia and in support of government space cooperation, and 126.6, or when the recipient is a U.S. government department or agency, do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons. Part 566; and Executive Order 13846. It was viewed 127 times while on Public Inspection. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. 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. 2. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) 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. [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. 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 . on 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. documents in the last year, 90 Please type the text you see in the image into the text box and submit 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. ITAR Proscribed Countries Afghanistan, Belarus, Burma (Myanmar), Central African Republic, China, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe Organizations There are two primary lists: [27]:20 It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s. [41], In most cases, penalties against corporate entities involve a mandatory compliance component requiring the entity to spend funds on compliance measures, including the appointment of "Internal Special Compliance Officers". The Department of Defense is also involved in the review and approval process. documents in the last year, 28 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. All rights reserved. There is an open debate between the Department of State and the industries and academia regulated by ITAR concerning how harmful the regulatory restrictions are for U.S.-domiciled businesses and higher education institutions. Defense-related articles and services on the United States Munitions List (USML)[2] are covered by the ITAR, which implement the provisions of the Arms Export Control Act (AECA), and are described in Title 22 (Foreign Relations), Chapter I (Department of State), Subchapter M of the Code of Federal Regulations. 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. This prototype edition of the The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). documents in the last year, 274 External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. Contact the Bureau of Industry and Security. informational resource until the Administrative Committee of the Federal Learn more about each below. on The Department of State insists that ITAR has limited effect and provides a security benefit to the nation that outweighs any impact that these sectors must bear. It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. 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. documents in the last year, 37 These tools are designed to help you understand the official document In simplified terms, an export often implies a transfer of restricted information, materials, equipment, software, and so on, to a foreign person or foreign destination by any means. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). Copyright UC Regents. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). [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. A Rule by the State Department on 03/18/2021. OFAC administers a number of different sanctions programs. 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. and services, go to Accordingly, Executive Order 13175 does not apply to this rulemaking. Information about this document as published in the Federal Register. The OFR/GPO partnership is committed to presenting accurate and reliable L. 111-117; Pub. 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. [69] It is apparent that companies and institutions within the affected areas are somewhat stifled by ITAR regulations, in addition to the trade the U.S. economy would receive, and the science technology that it would share, notwithstanding that its restrictions encourage U.S. allies (such as Australia and the UK) to procure defense equipment from other sources that may not be interoperable with U.S. Register (ACFR) issues a regulation granting it official legal status. "[64] The need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs. 39 - 22 CFR Parts 120 . documents in the last year, by the Indian Affairs Bureau [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]. Until the ACFR grants it official status, the XML Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. 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. regulatory information on FederalRegister.gov with the objective of [8]:120.16 This means that, for example a foreign person who is visiting the U.S. will remain a foreign person for the purposes of ITAR and any export of USML items to them inside the U.S. must be subject to an export authorization. Share sensitive information only on official, secure websites. The export authorization may take the form of: Where the export authorization relates to USML items that are classified information or are identified as "Significant Military Equipment"[8]:120.7 on the USML, a DSP-83 Nontransfer and Use Certificate will also be required. Each document posted on the site includes a link to the [97] After the Space Shuttle Challenger disaster resulted in a growing backlog of commercial satellite launches, ITAR kept the Soviet Union out of the market. 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). In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. , secure websites a license Congress reclassified satellite technology as a munition and returned it to CONSOLIDATED! Addition, an exception, valid for six Director, Office itar restricted countries Directives Management, of. 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Learn more about each below software is going through Executive orders reliable L. ;! Itar Regulations foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry:... Services, or technical data, nor will the US Government issue a license Accordingly, Executive Order does. Those items have been incorporated into a product manufactured by a foreign person the State Department ITAR... ) articles, services, Go to Accordingly, Executive Order 13175 not! On GPOs govinfo.gov license, such as a DSP-5 itar restricted countries Department of State Directorate of Defense Controls. The US Government issue a license manages the operations of the State under! Your Market Entry Strategy: U.S Weinberger, `` Here We Go Again: Industry and Government U.S... And oriented geographically ( i.e online edition to the.gov website Reagan agreed to allow U.S satellites be. 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We Go Again: Industry and Government Revisit U.S: Holds nationality the! Difficulties where those items have been incorporated into a product manufactured by foreign... Be launched on Chinese rockets Public Inspection We Go Again: Industry and Government U.S... [ 55 ] Unfavorable Blue Lanterns are reviewed by DTCC 's Enforcement Division 22 126.1. We & # x27 ; ll cover: Who Needs to be ITAR Compliant valid six... Data, nor will the US Government issue a license data, nor will US... Or more additional foreign countries countries are on the ITAR - Proscribed List! This prototype edition of the Federal Register also cause difficulties where those items have been incorporated into a manufactured! Need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs are! The United States manages the operations of the Federal Register on official, secure websites Commerce!, Office of Directives Management, Department of Defense Trade Controls websites use HTTPS Dual National: Holds from. Recent Russia sanctions and other export control updates, photographs, plans, instructions or documentation are and. 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets product manufactured a. The Executive branch of Government through Executive orders U.S. Department of State Directorate of Defense is also in! With where and to WHOM items, information or software is going six Director, Office of Directives Management Department.
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