[4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). pmddtc.state.gov export.gov * * *. the material on FederalRegister.gov is accurately displayed, consistent with 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. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. L. 108-375; Sec. 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. The Public Inspection page may also Document Drafting Handbook 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. [95], It is important to note that, in both cases, theoretical access to the USML items overseas or by foreign persons is sufficient to constitute a breach of ITAR. International Trade Administration Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) 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. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. on 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 . Federal Register provide legal notice to the public and judicial notice You will find them in the columnsource_information_urlfor each listed entity. 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. [FR Doc. Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email DDTCCustomerService@state.gov. 2651a; 22 U.S.C. APDF readeris available from Adobe Systems Incorporated. headings within the legal text of Federal Register documents. This prototype edition of the 03/17/2021 at 8:45 am. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. Since the Department is of the opinion that this rule is exempt from 5 U.S.C 553, it is the view of the Department that the provisions of Section 553(d) do not apply to this rulemaking. [61][needs update]. [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. 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). (See the lists of controlled technologies for guidance about WHAT may be sent.). where the export authorization is a FMS Case, the foreign government must have "Third Party Transfer Approval" from the U.S. Government; if the export authorization is an export license such as a DSP-5, all foreign parties must be named on the license (for example, some may be "intermediate consignees"); where the export authorization is a TAA or MLA, all foreign recipients must be named as parties to (or as "authorized sublicensees" under) the agreement. While every effort has been made to ensure that 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 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. 13637, 78 FR 16129. 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. [42] Failure to do so can significantly increase penalties applied by the U.S. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. These links are also embedded into the CSL search engine and CSL downloadable files. documents in the last year, by the Engineers Corps and the Environmental Protection Agency [21] Registration fees start at US$2,250 per year. Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR 120.17) "[63], Research that does not meet the criteria of "fundamental research" cannot involve foreign persons without export licenses; however, research activities that are considered fundamental typically can involve foreign persons, even when they involve the design and construction of defense articles, as the US State Department has deemed such research activities to fall outside of the purview of training activities that would constitute the illegal export of a "defense service. 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. 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. 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. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . 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: that agencies use to create their documents. 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. TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. 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. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. This table of contents is a navigational tool, processed from the 553(a)(1). In this Issue, Documents The Department of State Directorate of Defense Trade Controls (DDTC) interprets and enforces ITAR. on NARA's archives.gov. 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). [43][44]:2. 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. There is an open debate between the Department of State and the industries and academia regulated by ITAR concerning how harmful the regulatory restrictions are for U.S.-domiciled businesses and higher education institutions. This site displays a prototype of a Web 2.0 version of the daily The ITAR regulate defense articles and defense services. There is no formal certification process to become ITAR compliant. [61][72][73][74] 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) Check if products are on US Munitions list (USML). has no substantive legal effect. documents in the last year, by the Indian Affairs Bureau [3] US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.[4]. documents in the last year, 12 This repetition of headings to form internal navigation links [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 the courts under 44 U.S.C. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). 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. [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. Contact the Office of Foreign Assets Control. [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. 01/18/2023, 249 These markup elements allow the user to see how the document follows the The ITAR defines fundamental research in a bullet under "Public domain means information which is published and which is generally accessible or available to the public" (120.11). offers a preview of documents scheduled to appear in the next day's Example: General Dynamics Land Systems was fined US$20m in 2004 for breaches of the AECA by its predecessor, GM Defense, that included access to USML items by unauthorized Dual Nationals. About the Federal Register The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 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. 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 . documents in the last year. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. U.S. Department of Commerce 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. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. It is not an official legal edition of the Federal on 804. [71] U.S. companies point to announcements in Europe by TAS (Thales Alenia Space) promoting their "ITAR-free" telecommunication satellites. (l) Russia. 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. the Federal Register. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, https://www.federalregister.gov/d/2021-05530, MODS: Government Publishing Office metadata. New Documents Embargoes sanctions (CRIMEA - REGION OF UKRAINE, CUBA, IRAN, NORTH KOREA, and SYRIA) prohibit ALL transactions (including imports and exports) without a license authorization. include documents scheduled for later issues, at the request Department of Commerce Bureau of Industry and Security. Contact the Directorate of Defense Trade Controls. The U.S. Actions are often initiated by U.S. Immigrations and Customs Enforcement and include: Since 1990, the U.S. Government has also operated the "Blue Lantern" end-use monitoring program. ITAR Regulations [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. Screen potential buyers and end-users to comply with U.S. Government regulations. 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. [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]. It does not authorize export to the employee's country of Dual or Third Nationality.[27]. (2) Prior to September 1, 2021, for commercial space launches. Each document posted on the site includes a link to the Contact the Bureau of Industry and Security. Share sensitive information only on official, secure websites. 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). documents in the last year, 675 documents in the last year, 117 With PreVeil's end . 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. 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. 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