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[104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. . [61][62] ITAR generally prohibits foreign persons from collaborating with US citizens on projects pertaining to items on the USML without export licensing, as such work can be construed to fall under one of the several enumerated definitions of "export," such as:[63], Where the definition of "defense service" includes "the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles. [99] Space Systems/Loral paid a $20 million fine in 2002 for Intelsat 708, and Hughes paid a $32 million fine in 2003 for Apstar 2. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. Check lists of parties of concern on the BIS website. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. 1503 & 1507. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. Where is OFAC's country list? Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting, Consolidated Screening List Search Engine, Russia sanctions and other export control updates, SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST, Instructions for Downloading the Consolidated Screening List, Contact the Bureau of Industry and Security, Contact the Bureau of International Security and Non-proliferation, Contact the Directorate of Defense Trade Controls, Sectoral Sanctions Identifications (SSI) List, Correspondent Account or Payable-Through Account Sanctions (CAPTA) List, Non-SDN Menu-Based Sanctions List (NS-MBS List), Protecting Europes Energy Security Act of 2019 (PEESA), Non-SDN Chinese Military-Industrial Complex Companies (CMIC), Contact the Office of Foreign Assets Control. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. Use the Consolidated Screening List Search Engine. L. 108-375; Sec. 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. 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. [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 Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. Copyright UC Regents. Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR 120.17) The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. These listings only contain those that mention directive 2., The Palestinian Legislative Council (PLC) List is now a part of theSpecially Designated Nationals List with the suffice NS-PLC.. 13637, 78 FR 16129. From this API, any company can build a search engine to quickly find names, aliases, and other screening information. Share sensitive information only on official, secure websites. While every effort has been made to ensure that an export license, such as a DSP-5 (Department of State Publication No. 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 will continue to take into account the considerations of Section 3 of the Conventional Arms Transfer Policy, such as the national security and foreign policy interests of the United States, when making arms transfer decisions, both for firearms that remain subject to the ITAR and firearms that are subject to the EAR. * * *. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. 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 A: If you have a technology that is ITAR controlled, you are not permitted to disclose this to foreign nationals of any foreign country unless you obtain an export license or exemptions apply. Know Which Countries, Entities, and Persons are Restricted Restricted Countries, Entities, and Persons The U.S. Department of the Treasury, through its Office of Foreign Assets Control (OFAC) , enforces U.S. embargo and sanction programs that may restrict transactions with certain foreign countries irrespective of whether the exported technology is controlled under the ITAR or the EAR . It is the policy of the United States to deny licenses or other approvals for exports of defense articles and defense services destined for Russia, except that a license or other approval may be issued, on a case-by-case basis: (1) For government space cooperation; and. Learn more about each below. How PreVeil meets the ITAR standards. The OFR/GPO partnership is committed to presenting accurate and reliable It does not authorize export to the employee's country of Dual or Third Nationality.[27]. [28] This can be a time-consuming process. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. In considering whether or not a shipment, transfer, transmission or disclosure will require an export license, we need to consider WHAT is being shipped, WHERE it is going, and TO WHOM it is being exported or disclosed. 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. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. ITAR violations can be harmful to the national security and foreign policy of the U.S., and may result in civil penalties, criminal penalties, and other costs (including loss of reputation and revocation/ rejection of export licenses). In this Issue, Documents CUI is relatively new, within the last 3 years or so, the information "leaked" was likely ITAR which is the International Traffic in Arms Regulations. Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. The United States government has put two types of regulations in place to control exports of military-relevant items: ITAR, which cover weapons and defense articles specifically (such as missiles); and the Export Administration Regulations, which cover items that may have uses in defense articles (such as a radar component used in a certain missile). legal research should verify their results against an official edition of documents in the last year, 117 on 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. [30] This means that, for example, a TAA that includes a British company as the foreign person, but which does not include clauses authorizing access by Dual and Third Country Nationals will limit access to USML items supplied under the TAA to employees of the British company who are British citizens only. 01/18/2023, 284 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. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. [61][72][73][74] CSL Application Programming Interface (API). Components, parts, and accessories for the M4 are in paragraph (h): (h) Components, parts, accessories and attachments for the articles in paragraphs (a) through (g) of this category. 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]. documents in the last year, 16 Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). In order to take additional steps to address such use of chemical weapons, the 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. The U.S. government has to give specific permission for equipment (and information, referred to in ITAR as technical data) before those items can be handed over to a non-US citizen, company, or government. International Traffic in Arms Regulations - ITAR Prohibited Countries 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. provide legal notice to the public or judicial notice to the courts. Please type the text you see in the image into the text box and submit 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. Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. 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. Check if products are on US Munitions list (USML). In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. The Department of State defines Dual and Third Country Nationality as follows: Although "nationality" is not defined under ITAR, it is accepted that the U.S. Government will take country of origin[27] and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. It is not an official legal edition of the Federal The API has Fuzzy Name Search capabilities as well. Information about Military of Venezuela. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Determine if a license or other approval is needed. documents in the last year, 830 L. 112-74; E.O. Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. documents in the last year, 1487 pmddtc.state.gov export.gov The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. These measures can vary widely; for example, MIT states that "the intent of the ITAR is that research conducted on campus, without restrictions on publication or participation, is fundamental research from inception to publication as long as the intent is to publish the results,"[65] while Stanford University maintains a more nuanced and restrictive approach to research involving defense articles.[66]. 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. of the issuing agency. Government. [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. 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. "[105] Thales Alenia had long complained that "every satellite nut and bolt" was being classified as ITAR-restricted, and the European Space Agency accused the United States of having no real interest in protecting U.S. satellite technology. publication in the future. [22], Under ITAR, a "US person" who wants to export USML items to a "foreign person" must obtain authorization from the U.S. Department of State before the export can take place.[3]. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. 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. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. 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. Pursuant to this determination, the Department of State published Federal Register Notice Determination Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 on March 18, 2021. by the Farm Credit System Insurance Corporation Contact the Directorate of Defense Trade Controls. [55] Blue Lantern "monitors the end-use of commercially exported defense articles, defense services, and related technical data subject to licensing or other authorizations under section 38 of the AECA. documents in the last year, 1401 Learn more here. Federal Register issue. The study, known as the 1248 report, was completed in April 2012. The Department of State has reviewed this rulemaking in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. 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. U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. [83] Allegations have been put to the U.S. Department of State-industry advisory group, the Defense Trade Advisory Group, that charging back fees discourages some manufacturers from registration.[83]. 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. 01/18/2023, 249 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 . Document Drafting Handbook In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Register documents. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email DDTCCustomerService@state.gov. the official SGML-based PDF version on govinfo.gov, those relying on it for You will find them in the columnsource_information_urlfor each listed entity. Avoiding discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare. informational resource until the Administrative Committee of the Federal documents in the last year, 12 [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. There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restriction. daily Federal Register on FederalRegister.gov will remain an unofficial Director, Office of Directives Management, Department of State. Part 566; and Executive Order 13846. Official websites use .gov documents in the last year, 37 Contact the Bureau of International Security and Non-proliferation. on [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. 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. 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. 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. [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 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. 553(b), it does not require analysis under the Regulatory Flexibility Act. There is no formal certification process to become ITAR compliant. documents in the last year, 84 [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]. Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. ITAR applies to items identified under the Invention Secrecy Act. (See the lists of controlled technologies for guidance about WHAT may be sent.). (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 [] Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . This site displays a prototype of a Web 2.0 version of the daily on 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. Because the scope of this rule implements a governmental policy limiting defense trade with a country, and does not impose additional regulatory requirements or obligations, the Department believes costs associated with this rule will be minimal. Prohibited exports, imports, and sales to or from certain countries. 01/18/2023, 41 This is where the International Traffic in Arms Regulations (ITAR) come in. 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. All US persons, wherever they are located, must comply with OFAC regulations. Technical data is defined in the ITAR at 22 CFR 120.33 as: (1) Information, other than software as defined in 22 CFR 120.40(g), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. L. 111-266; Sections 7045 and 7046, Pub. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. [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. [56][57] The U.S. Government may also require U.S. exporters that are party to an export authorization to develop a "Technology Transfer Control Plan" specific to that export authorization. [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. 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 you are using public inspection listings for legal research, you 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. 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). New Documents [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. These can be useful The U.S. 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. (2) Prior to September 1, 2021, for commercial space launches. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. Department of State Directorate of Defense Trade Controls. We optimized our duplicate algorithm so that full names and aliases do not appear twice. [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. [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]. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . 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). on 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 . rendition of the daily Federal Register on FederalRegister.gov does not documents in the last year, by the Energy Department (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . Register, and does not replace the official print version or the official Munitions List (USML). Physical enforcement of the ITAR (as well as all import and export laws of the United States) is performed by Homeland Security Investigations Special Agents (formerly U.S. Customs) under Immigration and Customs Enforcement, an agency of the Department of Homeland Security. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. Screen potential buyers and end-users to comply with U.S. Government regulations. 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 The list is updated every now and then, so be sure to check it regularly. The authority citation for part 126 continues to read as follows: Authority: An explanation of the International Traffic in Arms Regulations (ITAR) and how they control the sale of defense items and defense services. This document has been published in the Federal Register. These links are also embedded into the CSL search engine and CSL downloadable files. 804. 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. 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 President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. 287c; Sec. 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. regulatory information on FederalRegister.gov with the objective of ITAR - International Traffic in Arms Regulations Afghanistan Belarus Burma Central African Republic China Cuba* Cyprus Democratic Republic of the Congo Eritrea Haiti Iran* Iraq Kyrgyzstan Lebanon Libya North Korea Russian Federation and occupied Crimea Somalia Sudan Syria* Venezuela Zimbabwe EAR - Export Administration Regulations Armenia This repetition of headings to form internal navigation links 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. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. In addition, an exception, valid for six 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. The State Department will often have a more liberal licensing . [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. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. the current document as it appeared on Public Inspection on [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. include documents scheduled for later issues, at the request However, there are certain standards companies are expected follow and comply with. documents in the last year, by the Indian Affairs Bureau Department of State Bureau of International Security and Non-proliferation. 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. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. 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. [21] Registration fees start at US$2,250 per year. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. [43][44]:2. This prototype edition of the The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. [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. Embargoes sanctions (CRIMEA - REGION OF UKRAINE, CUBA, IRAN, NORTH KOREA, and SYRIA) prohibit ALL transactions (including imports and exports) without a license authorization. that agencies use to create their documents. [94] Files on a laptop carried overseas do not need to be opened overseas, and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". documents in the last year, 675 This table of contents is a navigational tool, processed from the 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. (ITAR) - 22 U.S.C. Washington, DC 20230. Use the PDF linked in the document sidebar for the official electronic format. 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 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. Facing a Foreign Trade AD/CVD or Safeguard Investigation? They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. [71] U.S. companies point to announcements in Europe by TAS (Thales Alenia Space) promoting their "ITAR-free" telecommunication satellites. This site contains PDF documents. [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. chapter 35. documents in the last year, 90 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. equipment. This can cause significant problems for foreign governments and organizations from countries with large first generation immigrant populations (which is discussed in more detail under "Controversy"). While political debate over the wisdom of placing all satellite and launch technology on the US Munitions List (USML) has been ongoing since the advent of ITAR regulation in 1999, there has been a shift in political opinion since 2007. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . ITAR Regulations 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]. Government. Learn more about recent Russia sanctions and other export control updates. on NARA's archives.gov. 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. [107], United States law preventing export of military technologies, "ITAR" redirects here. 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. 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. We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. A Rule by the State Department on 03/18/2021. Below, under "Tools" are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming . Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. ATTN: Regulatory Change, ITAR 126.1 Russia. documents in the last year, 28 to the courts under 44 U.S.C. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. has no substantive legal effect. [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 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. cuba, iran).others are "targeted" (i.e. 22 U.S.C. ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. 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. All the tools are updated automatically every day at 5:00 AM EST/EDT. 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. 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. International Traffic in Arms Regulations: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Exemptions Regarding Intra-Company, Intra-Organization, and Intra-Governmental Transfers to Employees Who Are Dual Nationals or Third-Country Nationals; and Voluntary Disclosures better and aid in comparing the online edition to the print edition. Until the ACFR grants it official status, the XML This rulemaking does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. 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. All rights reserved. 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). on FederalRegister.gov Federal Register provide legal notice to the public and judicial notice the material on FederalRegister.gov is accurately displayed, consistent with In serious cases, a party may be debarred from future exporting for a period of time. The documents posted on this site are XML renditions of published Federal [82] Smaller exporters who may not have been aware of the requirement to register can potentially be charged crippling back fees when they first register. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. will also penalize U.S. companies for breaches of ITAR caused by their overseas subsidiaries; is critical of companies that have not implemented effective export compliance programs; the prosecution of Dr J Reece Roth of the University of Tennessee in 2008 for breaches of ITAR as a result of access to USML items by a PRC graduate student; the prosecution of Yen Ching Peng, a Taiwanese national, in the U.S. in 2008 for breaches of ITAR as a result of attempts to export, the indictment of 3 men, 2 U.S. nationals and a Vietnamese national, in 2008 on charges of illegally exporting, ITAR controls, as well as separate policy concerns, have hampered international cooperation in development of the, For the F-X2 program, the Brazilian government have chosen the French, in 2006, the U.S. Government refused to authorize the sale of, Third Country National: An individual holding nationality from a country or countries other than the country of the foreign signatory to the agreement; and.

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