(ITAR) - 22 U.S.C. 2651a; 22 U.S.C. [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. For complete information about, and access to, our official publications More information and documentation can be found in our L. 112-74; E.O. All US persons, wherever they are located, must comply with OFAC regulations. 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. [21] Registration fees start at US$2,250 per year. In this Issue, Documents [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). This means that if, for example, a foreign person wants to Retransfer a USML item to another foreign person (such as a subcontractor), both foreign persons must be authorized under the relevant export authorization: Where a foreign person requires access to USML items exported under a specific export authorization, but that foreign person is not authorized under the export authorization, the export authorization must be amended and re-approved by the U.S. Department of State. [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]. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . 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. Register, and does not replace the official print version or the official U.S. Department of Commerce Below, under Tools are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury. [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]. 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. of the issuing agency. [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. 2021-05530 Filed 3-17-21; 8:45 am], updated on 4:15 PM on Tuesday, January 17, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. 39 - 22 CFR Parts 120 . documents in the last year, 37 Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. 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. You will find them in the columnsource_information_urlfor each listed entity. 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. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". 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. 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. 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. offers a preview of documents scheduled to appear in the next day's 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. 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. Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR 120.17) Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. Learn more here. About the Federal Register L. 108-375; Sec. The Public Inspection page may also Use the PDF linked in the document sidebar for the official electronic format. Determine if a license or other approval is needed. 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. Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. This PDF is The lists on this page deal with WHERE and TO WHOM items, information or software is going. If you are using public inspection listings for legal research, you 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. by the Farm Credit System Insurance Corporation Contact the Bureau of International Security and Non-proliferation. In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. [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. Document Drafting Handbook documents in the last year, 28 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 [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. Learn more about recent Russia sanctions and other export control updates. 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. The first step a company should take is to register with the State Department. 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. corresponding official PDF file on govinfo.gov. The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. 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. [28], ITAR treats access to USML items by "Dual-National" and "Third Country National" employees of a foreign organization as a Retransfer to the employees' other countries of nationality. 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 287c; Sec. documents in the last year, 973 headings within the legal text of Federal Register documents. should verify the contents of the documents against a final, official Where is OFAC's country list? Until the ACFR grants it official status, the XML They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. Department of State Directorate of Defense Trade Controls. The authority citation for part 126 continues to read as follows: Authority: Contact the Bureau of Industry and Security. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. It does not authorize export to the employee's country of Dual or Third Nationality.[27]. Contact the Directorate of Defense Trade Controls. [103], In May 2014, the United States Department of State reclassified satellites and several related components so they will no longer be treated as munitions whose export is controlled by ITAR, but will be covered instead under the Export Administration Regulations. that agencies use to create their documents. 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]. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. These markup elements allow the user to see how the document follows the [97][99], After the failed launches of Apstar 2 (1995) and Intelsat 708 (1996), both on Chinese rockets, the satellite insurance companies required the satellite manufacturers to work with China to investigate the failures. the Federal Register. documents in the last year, by the Engineers Corps and the Environmental Protection Agency electronic version on GPOs govinfo.gov. [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). 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. The ITAR Regulatory Framework This is where the International Traffic in Arms Regulations (ITAR) come in. This action reflects a policy determination made by the Secretary of State. [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. [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. On February 2, 2022, the Department of State published a proposed rule that, most significantly, would amend provisions of the International Traffic in Arms Regulations ("ITAR") affecting how the nationality of foreign persons is determined for purposes of deemed exports/reexports. [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). on ITAR is part of a web of laws and regulations prohibiting U.S. individuals and companies from engaging in business with prohibited/sanctioned countries and persons for various economic, financial, anti-terrorism and human rights reasons. [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. [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]. 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. documents in the last year, 1401 The President of the United States manages the operations of the Executive branch of Government through Executive orders. documents in the last year, 946 The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. 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. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. for better understanding how a document is structured but Facing a Foreign Trade AD/CVD or Safeguard Investigation? 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). cuba, iran).others are "targeted" (i.e. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . 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. 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