International traffic in arms regulations itar is a united states regulatory regime to restrict and control the export of defense and military related technologies. Itar for government contractors revised for recent. Itar defense controls catches up to modern it, allowing. The transfer of jurisdiction from the itars usml to the ears start printed page 3820 ccl for purposes of export controls does not affect the list of defense articles controlled on the usmil under the aeca for purposes of permanent import or brokering controls for any brokering activity, including facilitation in their manufacture, export, permanent import, transfer, reexport, or retransfer. Jan 01, 2015 additionally, software and associated databases used to model or simulate military items tend to be controlled by itar because they are listed as defense articles. Department of state that control the export of articles, services, and related technical data whose predominant application is defense. If your company is involved in exporting any defense products, services, or related technical data, youre probably already familiar with the international traffic in arms regulations itar. International traffic in arms regulations itar regulations from the u.
When are defense articles, technology and related services itarcontrolled. Regulates goods and technology designed to kill or defend against death in a military setting. Changes in designations are published in the federal register. Shipping, moving, or transferring defense articles between or among the united states as defined in the itar. Itar 22 cfr 120 ear 15 cfr 730774 covers military items or defense articles. Foreignmade direct products of us origin technology or software, provided. Lists of export controlled items, information and software. This rule adds a new x paragraph to usml category i, allowing itar licensing for all commodities, software, and technology subject to the ear, provided those commodities, software, and technology are to be used in or with defense articles controlled in usml category i and are described in the purchase documentation submitted with the license. Is your software a defense article law firm of miller canfield. Know when software falls under export control regime. Because of its large foreign national student population and its commitment to research that is conducted openly and without regard to citizenship, stanford university will generally not permit the use of itar and other export controlled defense articles, software and technical data on its campus or other university research facilities.
The itar definition of a defense article includes any item or technical data designated on the munitions list, defined to include information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, as well as software directly related to defense articles. Aug 07, 2018 2 includes classified information relating to defense articles and defense services on the u. Technical data, software, and defense services directly related to such parts or components must be controlled under the itar as well. If your company falls under these categories, the following information will help answer some of your questions. Federal register international traffic in arms regulations. Chinese companies should be careful to note that chinese operations, their foreign personnel, their development activities, and resultant defense articles produced may become subject to itar export controls through any use of a u. For other common itar compliance issues, refer to this checklist from the law offices of williams mullen. Itar reforms for defense and satellite industries take hold. Software, as defined by itar includes, system functional design, logic flow, algorithms, application programs, operating systems and. The usml now provides a generally positive list of parts, components, accessories, and attachments that are still controlled under the itar. There is a formal state department process through which it is. International traffic in arms regulations itar and other export controlled defense articles, software and technical data. The itar definition of a defense article includes any item or technical data designated on the munitions list, defined to include information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, as well as software directly related to defense.
Protect all itar ear controlled technology in your possession from foreign national access includes. The international traffic in arms regulations 22 cfr 120 regulate the export and import of defense articles, defense services, and related technical data. A new x paragraph will be added to usml category ii, allowing itar licensing for commodities, software, and technology subject to the ear, provided those commodities, software, and technology are to be used in or with defense articles controlled in usml category ii and are described in the purchase documentation submitted with the application. Any technology used for spacecommercial, nasarelated, or defensetypically is itar controlled because it is integrated with launch vehicles, such as the titan, which automatically come under. Determine if a license or other approval is needed. The itar contain a list of defense articles called the us munitions list usml, which can be found at. The international traffic in arms regulations itar requires all manufacturers, exporters, temporary importers, brokers, and furnishers of itar controlled defense articles and servicesincluding technical datato register with the u. Companies that held off transitioning data to cloud service providers or implementing the encryption standards adopted by commerce in 2015 on their network systems because their servers contained itar controlled defense technology in addition to commerce controlled dualuse technology can now proceed to use the cloud for both itar and ear. The itar contain a list of defense articles called the us munitions list usml. These export control laws are designed to prevent unauthorized foreign nationals from procuring any sensitive information. Government, all manufacturers, exporters, and brokers of defense articles, defense services, or related technical data must be itar. The itar governs defense articles and services or items and information specifically designed or adapted for military use.
Jul 15, 2019 international traffic in arms regulations itar control the export and import of defenserelated articles and services on the united states munitions list usml. The itar the international traffic in arms regulations are state department controls that regulate the u. Defense article means any item that is specifically designed, developed, configured, adapted, or modified for a military, missile, satellite, or other controlled use listed on the usml. The international traffic in arms regulations itar implemented by the state departments directorate of defense trade controls in combination with the export administration regulations ear implemented by the department of commerce applies controls to the exportimport of defense articles and defenserelated services. The itar come into play when there is a defense article i. Itar defense trade controls agenda export compliance. Fundamental research and itar mit office of the vice.
Defenserelated articles and services on the united states munitions list usml are covered by the. These items are specifically designed, developed, configured, adapted or modified for a military application and can be manufactured, sold and exported to both. Even if created as the result of fundamental research without publication or citizenship restriction, software that is subject to itar jurisdiction cannot be automatically published or placed into the public domain. Even if you are not involved in any export activities, if you are operating in the defense area or with u. Export control under secretary of defense for acquisition. Itar defense controls catches up to modern it, allowing exporters to use encryption to protect defense technology on the cloud regan alberda. For example, your company may be required to register under itar or there may be restrictions on transferring controlled technology to foreign nationals in the u. International traffic in arms regulations itar regulate. The itar regulate defense articles and defense services. Defense articles and defense services providing critical military or intelligence capability check if products are on us munitions list usml.
International traffic in arms regulations itar control the export and import of defenserelated articles and services on the united states munitions list usml. All manufacturers, exporters, and brokers of defense articles, defense services, and related technical data must be itar compliant. Before sharing sensitive information, make sure youre on a federal government site. Government, all manufacturers, exporters, and brokers of defense articles, defense services, or related technical data must be itar compliant. Itar reforms for defense and satellite industries take. Jan 03, 2020 itar defense controls catches up to modern it, allowing exporters to use encryption to protect defense technology on the cloud regan alberda, sylvia costelloe, kay georgi, marwa hassoun arent fox. The united states munitions list usmr contains items regulated by the itar, including a range of products from tanks to fighter aircraft. The international traffic in arms regulations, or itar, control the export of software classified as a defense article.
Transmitting or otherwise transferring within the same foreign country technical data between or among only us persons, so long as the transmission or transfer does not result in a release to a foreign person or transfer to a person. State department makes it easier to determine whether aircraft and aircraft engine. Not all defense articles are controlled by the itar. Exporting items, technical data or software abroad export control. Software directly related to defense articles is considered a form of controlled technical data. Export control definitions export control illinois state. Specifically designed, developed, configured, adapted or modified for a military application on the usml does not have a predominant civil application does not have performance equivalent defined by form fit or. Understanding itarand the future of export controls on advanced textiles presented by nate bolin 1. Munitions list, and classified information related to formerly itar controlled articles subsequently appearing on the commerce control list e. Relates to dual use civilian and military items, information or software controlled items found on the commerce control list.
Department of state and obtain export licenses to stay itar compliant. The directorate of defense trade controls ddtc, bureau of politicalmilitary affairs, in accordance with 22 u. While ddtc was accepting comments until january 27, unless a new or revised rule is. Itar and ear contamination and impacts on employment, facility.
Definitions mit office of the vice president for research. Itar controls defense articles an article is a defense article 22 cfr 120. Itar for government contractors revised for recent amendments july 2016. For example, software in the generic sense is defined to include the. Munitions list items, these laws will most likely apply. The united states munitions list usml identifies defense articles, services, and.
Us ddtc issues itar rule affecting technology transfers. 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. Relates to military and defense articles and services, designed or configured. Canadian companies that register with the canadian controlled goods directorate are generally eligible to use the itar canadian exemption. As the user knows the control status of the software technology transferred to the provider, the.
Paragraphs a1 through 3 of this section describe or explain the elements. Is your software a defense article law firm of miller. International traffic in arms regulations itar enabling statute. Firearms, close assault weapons and combat shotguns. Published by the us state department in its international traffic in arms regulations itar, the us munitions list addresses items, software and technologies that are primarily defenserelated in application.
Department of state commerce destination control statement the export of these commodities, technology or software are subject to the u. International traffic in arms regulations itar us department of states directorate of defense trade controls. Jul 17, 20 itar controlled document do not export this document contains technical data as defined in itar part 120. A company that manufacturers or exports defense articles or related technical data, software, or defense services that are listed on the usml is subject to itar. Includes space related technology because of application to missile technology. In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 47 7 of the arms export control act and constitute the u. In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 477 of the arms export control act and constitute the u.
Each line and staff office is responsible for managing its personnel and resources to ensure compliance with all export laws. Any 500600 series defense article identified on the export administration regulationear. Itar controlled items to nonus parties this is generally. Export of defense articles and services itar office of trade. The international traffic in arms regulations itar implemented by the state departments directorate of defense trade controls in combination with the export administration regulations ear implemented by the department of commerce applies controls to the exportimport of defense articles and defense related services. The itar are administered by the department of state directorate of defense trade controls ddtc. Software directly related to defense articles, including system functional design, logic flow, algorithms, application programs, operating systems, and support software for design, implementation, tests, operation, diagnosis, and repair. See the lists of export controlled or embargoed countries for guidance about where certain shipments may be sent. International traffic in arms regulations wikipedia. Jan 02, 2020 companies that held off transitioning data to cloud service providers or implementing the encryption standards adopted by commerce in 2015 on their network systems because their servers contained itar controlled defense technology in addition to commerce controlled dualuse technology can now proceed to use the cloud for both itar and ear. The international traffic in arms regulations itar requires all manufacturers, exporters, temporary importers, brokers, and furnishers of itarcontrolled defense articles and servicesincluding technical datato register with the u.
Itar might sound like something from a bond movie, but it applies to more. Itar international traffic in arms regulations controlled items are identified on its united states munitions list usml at part 121. This type of software would be listed on category ix for military training equipment and includes. State department makes it easier to determine whether. Any technology used for spacecommercial, nasarelated, or defense typically is itar controlled because it is integrated with launch vehicles, such as the titan, which automatically come under. Arms export control act regulations international traffic in arms regulations itar 22 c. The usml still contains, however, a number of catchall categories for specially designed parts, components, accessories, and attachments for certain special defense articles. With rare exceptions, if an item contains any components that are controlled under the itar, the entire item is controlled under the itar. Any item or technical data designated in the itar s united states munitions list usml, including any technical data recorded or stored in any physical form, models, mockups, or other items that reveal technical data directly relating to a defense article listed in the usml. Certain nonmilitary items and certain chemical precursors, such as toxins, and biological agents, are also controlled under those regulations. Examples of these types of exports include military equipment, military and space electronics, computers designed for military application, cryptographic techniques, and encryption software. The itar controls hardware, technical data, software and defense services relating to the items listed on the united states munitions list usml located in the itar part 121.
Understanding itarand the future of export controls on. This pertains to providing advice, training assistance, and other release of technical data to a foreign national with respect to an article on the usml or for a military defense objective with respect to any article, whether or not listed on the usml. Defense articles can be broken down into two categories. Government requires all manufacturers, exporters, and brokers of defense articles, defense services or related technical data to be itar compliant. Includes technical data related to defense articles and services. The itar uses three different terms to designate controlled items defense export articles, technical data, and defense services. As a result of the export control reform, many products that were subject to itar. In addition, the itar regulations include controls on providing a defense service. The international traffic in arms regulations itar the department of state is responsible for the export and temporary import of defense articles and services governed by 22 u. Jan 31, 2020 on december 26, 2019, the us state departments directorate of defense trade controls ddtc published a longawaited interim final rule the interim rule revising a number of definitions in the international traffic in arms regulations itar. The international traffic in arms regulations itar is the united states regulation that controls the manufacture, sale, and distribution of defense and spacerelated articles and services as defined in the united states munitions list usml.
897 812 1125 1260 835 1081 1285 1472 138 1142 104 911 1235 402 1291 117 878 649 818 934 1379 776 1078 230 1063 1161 1159 418 1135 1365 1246 444 729 626 616 615 490 289 1114 497 140 1397 1091 893 743 1283 1284 838