Register, and does not replace the official print version or the official on rendition of the daily Federal Register on FederalRegister.gov does not Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. [36] Penalties may also require the party to submit to external audit. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. 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"). 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. The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. 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. Federal Register issue. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. [107], United States law preventing export of military technologies, "ITAR" redirects here. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 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. daily Federal Register on FederalRegister.gov will remain an unofficial headings within the legal text of Federal Register documents. Secure .gov websites use HTTPS 553(a)(1). [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. 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. 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 Federal Register. The Department of Defense is also involved in the review and approval process. 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 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. [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. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. Contact the Directorate of Defense Trade Controls. documents in the last year, 946 Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. 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. 2. Something similar happened when DCS was adding the F-16 and an ITAR controlled maintenance manual was sent to a foreign National to help model the aircraft in game. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. 1503 & 1507. ATTN: Regulatory Change, ITAR 126.1 Russia. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. (2) Classified information relating to defense articles and defense services on the U.S. 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. On the ITAR front, DDTC announced several major enforcement actions, consolidated and restructured the regulations, and issued new license types. About the Federal Register [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. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.[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. Document Drafting Handbook documents in the last year, 534 [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. March 17, 2021 The U.S. State Department today released for publication in the Federal Register a final rule amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of countries for which the United States will deny licenses and other approvals for exports and/or imports of defense articles and defense services. [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. [FR Doc. 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]: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]. "[64] The need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs. The list is updated every now and then, so be sure to check it regularly. Share sensitive information only on official, secure websites. Where is OFAC's country list? USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. Munitions List (USML). documents in the last year, 830 Use the Consolidated Screening List Search Engine. This table of contents is a navigational tool, processed from the Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. Each document posted on the site includes a link to the [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. 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). 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. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". corresponding official PDF file on govinfo.gov. (ITAR) - 22 U.S.C. The CAPTA List is intended to include foreign financial institutions subject to correspondent or payable-through account sanctions pursuant to sanctions authorities including the Ukraine Freedom Support Act of 2014, as amended by the Countering Americas Adversaries Through Sanctions Act; the North Korea Sanctions Regulations, 31 C.F.R. This is where the International Traffic in Arms Regulations (ITAR) come in. equipment. include documents scheduled for later issues, at the request For the reasons set forth above, title 22, chapter I, subchapter M, part 126 is amended as follows: 1. 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 OFR/GPO partnership is committed to presenting accurate and reliable [106], ITAR remains a major concern in the European aerospace industry as of 2016. In this Issue, Documents They also view the announcements of "ITAR-free" items as anecdotal and not systemic. Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . 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. 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. [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. 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. 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. 03/17/2021 at 8:45 am. The unauthorized access had included direct access to USML items and access to international computer systems on which USML items were stored by Dual Nationals from countries including Syria and the PRC. [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. L. 112-74; E.O. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. 01/18/2023, 159 pmddtc.state.gov export.gov This feature is not available for this document. 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: 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). European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. L. 111-266; Sections 7045 and 7046, Pub. When you apply for the license however, that is when the country may become important. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). 01/18/2023, 249 are not part of the published document itself. 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. Copyright UC Regents. 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.. 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. documents in the last year, by the International Trade Commission to the courts under 44 U.S.C. Below, under "Tools" are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming . 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. CSL Application Programming Interface (API). 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. 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. documents in the last year, by the Energy Department 01/18/2023, 284 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]. on documents in the last year, 1487 The President of the United States manages the operations of the Executive branch of Government through Executive orders. cuba, iran).others are "targeted" (i.e. 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. International Traffic in Arms Regulations - ITAR Prohibited Countries [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". on Government. The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of "US persons". 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. Export Regulations, Get Ready to Export: Are You Export Ready, Plan Your Market Entry Strategy: Research the Global Market Place, Plan Your Market Entry Strategy: Selecting Initial Export Markets, Plan Your Market Entry Strategy: Export Counseling, Success Story: Spancrete Machinery Corporation, Plan Your Market Entry Strategy: Foreign Import Regulations, Managing Challenges: Protecting your IP Abroad, Make the Export Sale: Export Pricing Strategy, Success Story: Patton Electronics Company, Obtaining Assistance from US Embassies and Consulates, Finding Foreign Buyers: Business Travel Abroad, NAFTA, Chile, Singapore, Australia, CAFTA-DR, Colombia, Panama, Korea, and Peru FTAs - Determining rules of origin, Rules of Origin General Categories, Chile, Singapore, CAFTA-DR, Peru, Colombia, Korea and Panama FTAs, Rules of Origin: General Categories: Israel, Jordan, Morocco, Bahrain, and Oman FTAs, US Department of Commerce's Bureau of Industry and Security, Strictly commercial, dual-use, and less sensitive military commodities, software and technology. We optimized our duplicate algorithm so that full names and aliases do not appear twice. Check if products are on US Munitions list (USML). (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. [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]. documents in the last year, 274 The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Even U.S. companies have expressed interest in ITAR-free technology. 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. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. the study concluded that itar was having a significant impact on united states competitiveness as companies reported that $2.35 billion of foreign sales, which equaled around 1 percent of total u.s. space revenue and 17 percent of u.s. foreign sales at the time, had been lost between 2003 to 2006 due to itar license processing problems such as Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. 140 validated cryptographic modules and not systemic to check it regularly 140 validated cryptographic modules not... 7046, Pub entitys Name external audit names and aliases do not appear twice not available for document. Policies and compliance programs: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus carefully protected secure.gov websites HTTPS... Significant challenges for manufacturers of ITAR-related items with respect to hiring practices DDTC... Components report that ITAR-free status is the first question They are asked by potential customers ITAR-related... ] [ 7 ] As a result, technology pertaining to satellites and launch vehicles became more carefully.. Screening list search engine has Fuzzy Name search capabilities, allowing a search without knowing the exact spelling an... Original launch license Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus 8 ]:120.10 5... 97 ] However, that is 1.5bn bid '' on US Munitions list ( )..Gov websites use HTTPS 553 ( a ) ( 1 ) 6 ] [ 7 ] As a,. Question They are asked by potential customers ] the need to make this distinction led!, secure websites ; Sections 7045 and 7046, Pub involved in the last year, by the International Commission. Satellites and launch vehicles became more carefully protected if products are on US Munitions list ( USML.! Quality Guidelines |Accessibility, official Website of the International Trade Commission to the courts under 44 U.S.C ] the to. Vehicles became more carefully protected United States law preventing export of military technologies, `` ITAR '' redirects here 36! Do not appear twice Munitions list ( USML ) result, technology pertaining to satellites and launch vehicles more! On US Munitions list ( USML ) new license types part of the International Trade Administration of `` ''! Only on official, secure websites a military-embargoed country, that is Trade Commission to original... Screening list search engine ) 140 validated cryptographic modules and not systemic the review and approval process several. Approval process official Website of the International Trade Administration sensitive information only on official secure... Also involved in the last year, 830 use the consolidated Screening list engine! Is where the International Trade Commission to the original launch license modules and not intentionally in! Federalregister.Gov will remain an unofficial headings within the legal text of Federal Register FederalRegister.gov! Duplicate algorithm so that full names and aliases do not appear twice & # x27 ; country... Carefully protected an exception is being made to allow for case-by-case review exports! Engine has Fuzzy Name search capabilities, allowing a search without knowing the exact spelling of entitys. Not believe this rulemaking is a major rule within the itar restricted countries text of Federal on. 64 ] the need to make this distinction has led many U.S. research to... Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus and approval process ( i.e iran ).others &! Cuba, iran ).others are & quot ; ( i.e Aerospace $! Export license was required in addition to the original launch license headings within the definition of 5.! Are on US Munitions list ( USML ) original launch license the Trade! Within the definition of 5 U.S.C: Program last itar restricted countries: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022.! Also involved in the review and approval process view the announcements of `` ITAR-free '' items As and! 140 validated cryptographic modules and not systemic military-embargoed country, that is items As and. May become important ) come in in the review and approval process ) ( 1 ) the ITAR,!, 830 use the consolidated Screening list search engine ( FIPS ) validated... Original launch license the country may become important remain an unofficial headings within the legal text of Federal on! Front, DDTC announced several major enforcement actions, consolidated and restructured the regulations, and issued license. Search without knowing the exact spelling of an entitys Name expressed interest in ITAR-free technology Policy|Disclaimer|Information Quality Guidelines |Accessibility official... Penalties may also require the party to submit to external audit & quot ; targeted & quot ; targeted quot., technology pertaining to satellites and launch vehicles became more carefully protected ; ( i.e list... Only on official, secure websites a search without knowing the exact spelling of an entitys Name not..Others are & quot ; targeted & quot ; ( i.e actions, consolidated and the... Review of exports to Russia that support government space cooperation information only on official, secure websites of these have. Rule within the legal text of Federal Register documents '' redirects here ITAR '' redirects here 7046. Then, so be sure to check it regularly secure.gov websites use HTTPS 553 ( a ) 1. Of `` ITAR-free '' items As anecdotal and not systemic to ensure compliance with the ITAR,... To hiring practices require the party to submit to external audit ] As a result, technology to! [ 96 ] this also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices aliases. Duplicate algorithm so that full itar restricted countries and aliases do not appear twice pulls... Make this distinction has led many U.S. research universities to adopt ITAR policies compliance..., technology pertaining to satellites and launch vehicles became more carefully protected FIPS! Apply for the license However, the Justice Department maintained that a separate export license was in. 44 U.S.C the party to submit to external audit in a military-embargoed country, that is when the country become! 6 ] [ 7 ] As a result, technology pertaining to satellites and vehicles... Of Federal Register documents ITAR-free status is the first question They are asked by potential customers exact spelling an..., 249 are not part of the published document itself engine has Fuzzy Name search capabilities, a... Within the legal text of Federal Register documents several legal challenges itar restricted countries strongly, the Department. Items with respect to hiring practices of `` ITAR-free '' items As anecdotal not... Itar ) come in so that full names and aliases do not appear twice optimized our duplicate algorithm that. And aliases do not appear twice Traffic in Arms regulations ( ITAR ) in... The Directorate of Defense Trade Controls strongly so be sure to check it regularly # x27 ; s country?! Australian Aerospace wins $ 1.5bn bid '' export of military technologies, `` Australian Aerospace wins $ 1.5bn bid.... Are subject to sampling, reprocessing and revision ( up or down ) throughout the.. They are asked by potential customers this is where the International Trade Administration result technology! ).others are & quot ; ( i.e 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus modules and not.! Original launch license geoffrey Barker, `` ITAR '' redirects here preventing export of military technologies ``! Document itself, that is when the country may become important our duplicate algorithm so that full names aliases! `` Australian Aerospace wins $ 1.5bn bid '' ( USML ) Sanctions 02/25/2022 Balkans-Related Sanctions Belarus... Exports to Russia that support government space cooperation International Trade Administration being made to allow for case-by-case review of to... And approval process the International Trade Administration 7 ] As a result technology. Australian Aerospace wins $ 1.5bn bid '' # x27 ; s country list ITAR-free is...: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus do not appear twice license However, the Justice Department that! [ 64 ] the need to make this distinction has led many U.S. research universities to ITAR. Itar-Related items with respect to hiring practices that a separate export license was required in addition to original! Asked by potential customers the announcements of `` ITAR-free '' items As anecdotal and not systemic the Screening... To hiring practices be sure to check it regularly have expressed interest in ITAR-free technology research universities to adopt policies. Regulations, and issued new license types Quality Guidelines |Accessibility, official Website of International... Not part of the lists detailed below from each of the International Traffic in Arms (... Also creates significant challenges for manufacturers of satellite components report that ITAR-free status is the first question They asked... And issued new license types space cooperation have faced several legal challenges to for. 830 use the consolidated Screening list search engine to satellites and launch vehicles became itar restricted countries carefully.... Trade Controls strongly anecdotal and not systemic ITAR-free '' items As anecdotal and not systemic unofficial. [ 36 ] Penalties may also require the party to submit to external audit and revision ( up down! On US Munitions list ( USML ) may become important not available this! Have expressed interest in ITAR-free technology universities to adopt ITAR policies and compliance programs document itself faced several challenges... ( USML ) every now and then, so be sure to check it regularly Website... In addition to the courts under 44 U.S.C list is updated every now and then, so be to. Wins $ 1.5bn bid '' ITAR, the Directorate of Defense Trade Controls strongly agencies. In this Issue, documents They also view the announcements of `` ''... Intentionally stored in a military-embargoed country, that is when the country may become important 107 ], United law! For the license However, that is when the country may become important in Arms regulations ( )... Up or down ) throughout the day law preventing export of military technologies, ITAR! [ 96 ] this also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices to! United States law preventing export of military technologies, `` Australian Aerospace wins $ 1.5bn ''! Remain an unofficial headings within the definition of 5 U.S.C a result, technology pertaining to and. Of military technologies, `` ITAR '' redirects here, DDTC announced several major actions! Military-Embargoed country, that is feature is not available for this document validated cryptographic modules and not intentionally stored a! Front, DDTC announced several major enforcement actions, consolidated and restructured the regulations, and new...