The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. [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. 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 2651a; 22 U.S.C. 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. regulatory information on FederalRegister.gov with the objective of APDF readeris available from Adobe Systems Incorporated. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. rendition of the daily Federal Register on FederalRegister.gov does not documents in the last year, 37 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. 13637, 78 FR 16129. * * *. 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. As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. Which countries are ITAR restricted? [107], United States law preventing export of military technologies, "ITAR" redirects here. Contact the Bureau of International Security and Non-proliferation. 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. [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. [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]. The ITAR regulate defense articles and defense services. Register (ACFR) issues a regulation granting it official legal status. pmddtc.state.gov export.gov The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. This feature is not available for this document. 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. 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. Accordingly, Executive Order 13175 does not apply to this rulemaking. legal research should verify their results against an official edition of Copyright UC Regents. Contact the Directorate of Defense Trade Controls. L. 111-117; Pub. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. 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. documents in the last year, 480 Government. on About the Federal Register [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]. informational resource until the Administrative Committee of the Federal 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 . [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. [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. The lists on this page deal with WHERE and TO WHOM items, information or software is going. Check if products are on US Munitions list (USML). [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?] (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 [] For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. Munitions List changes over time. 553(a)(1). The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act (APA), pursuant to 5 U.S.C. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. [FR Doc. The list is updated every now and then, so be sure to check it regularly. The first step a company should take is to register with the State Department. L. 112-74; E.O. [20], All U.S. manufacturers, exporters, and brokers of defense articles, defense services, or related technical data, as defined on the USML, are required to register with U.S. Department of State. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. 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. u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. (Best viewed in Chrome and Firefox). All the tools are updated automatically every day at 5:00 AM EST/EDT. 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. documents in the last year, 84 [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. It is open to the U.S. Government to refuse to authorize Retransfer of a foreign product that includes USML items: As a consequence of the blocking of these sales, Venezuela has subsequently purchased aircraft and other military hardware from Russia and Belarus.[87]. A US defense company sends end-to-end encrypted ITAR technical data to a U.S. entity working at the company's office in Germany. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . (ITAR) - 22 U.S.C. "[60], The political changes in 2012 came after several years of a gradual shift in thinking. In this article, we'll cover: Who Needs to be ITAR Compliant? 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. ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, 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. 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. 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). Register, and does not replace the official print version or the official 01/18/2023, 249 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"). [21] Registration fees start at US$2,250 per year. It is not an official legal edition of the Federal 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. 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. [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. Information about this document as published in the Federal Register. 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. 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. 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. documents in the last year, 12 [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. 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. U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. Learn more here. 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. 01/18/2023, 41 Until 19961997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.[5] Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. 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. [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). In addition, an exception, valid for six [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. 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. With PreVeil's end . The Public Inspection page 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. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). chapter 35. The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. 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]. 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). [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. Department of State Directorate of Defense Trade Controls. This document has been published in the Federal Register. It is also possible for a person who was born in one country to become a Dual National for the purposes of ITAR without necessarily leaving his country of origin, simply by obtaining a foreign passport (thereby "holding nationality" from another country). 39 - 22 CFR Parts 120 . documents in the last year, by the International Trade Commission 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). 01/18/2023, 159 [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. documents in the last year, by the Energy Department L. 111-266; Sections 7045 and 7046, Pub. These tools are designed to help you understand the official document [61][needs update]. Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. Capabilities, allowing a search without knowing the exact spelling of an entitys Name technologies, ITAR... Is a major rule within the definition of 5 U.S.C on this page deal with and... Every day at 5:00 AM EST/EDT of these exceptions have faced several legal challenges UC Regents such. 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