What are ITAR rules?

What are ITAR rules?

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.S. national security and further U.S. foreign policy objectives.

What items are restricted by ITAR?

U.S. Munitions List (ITAR)​

• Category I-Firearms, Close Assault Weapons and Combat Shotguns.
• Category II-Guns and Armament.
• Category III-Ammunition/Ordnance.
• Category IV-Launch Vehicles, Guided & Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines.

What does it mean to be ITAR compliant?

For a company involved in the manufacture, sale or distribution of goods or services covered under the USML, or a component supplier to goods covered under the United States Munitions List (USML), the stipulation or requirement of being “ITAR certified (compliant)” means that the company must be registered with the …

How do you determine if an item is ITAR controlled?

Fortunately, the Departments of Defense and Commerce have made it easier to determine if an article is regulated under ITAR by developing web-based (decision-tree) tools. See Department of State, Office of Defense Trade Controls, at pmddtc.state.gov or bis.doc.gov/index.php/decision-tree-tools.

How do I comply with ITAR?

The ITAR Compliance Checklist

1. Determine Jurisdiction.
2. Review the ITAR.
3. Register with Directorate of Defense Trade Control.
4. Classify Your Goods Using the U.S. Munitions List.
5. Know the End Use and End User.
6. Apply for an Export License.
7. Fulfill Reporting Requirements.
8. Create and Maintain an Export Compliance Program.

Are green card holders ITAR compliant?

Citizens could work on ITAR projects. But the ITAR generally allows U.S. Persons to have access to ITAR controlled data, and defines a (natural) U.S. Person as a lawful permanent resident as defined by 8 U.S.C. Aliens lawfully admitted for permanent residence (i.e., green card holders); Certain refugees; and.

What is an ITAR controlled item?

Generally, items and services with military applications or items that significantly affect our national interests are considered Controlled Items and may be subject to export controls. Controlled Items are found in two areas: Commerce Control List (EAR) Munitions List (ITAR)

Does ITAR import controls?

The International Traffic in Arms Regulations, or ITAR, is a set of government rules that control the export and import of defense-related articles, services and technology on the U.S. Munitions List (USML).

How can I get ITAR clearance?

For a non-U.S. citizen to handle ITAR-covered materials, your company can go through the process of obtaining an export license for the individual. You must apply for an export license for employee, and if approved, they can work with or have access to ITAR data.

Is a permanent resident ITAR compliant?

These “protected individuals” are U.S. citizens, U.S. nationals, lawful permanent residents, and asylees and refugees as defined by 8 U.S.C. § 1324b(a)(3). Therefore, these individuals are not subject to the licensing requirements under the ITAR and EAR.

Can H1B get ITAR?

EAD and/or H1B do not equal permanent residency. And a company cannot have an ITAR license. You, as an individual, need to get an ITAR license for every piece of restricted technology your company has.

What are ITAR categories?

Categories of ITAR’s U.S. Munitions List

• Category I: Firearms, Close Assault Weapons and Combat Shotguns.
• Category II: Guns and Armament.
• Category III: Ammunition/Ordnance.
• Category IV: Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines.

Is the ITAR 124.16 rule still available?

Yes ITAR 124.16 is still available. 2. Does the new rule change offer two genuine alternatives to compliance by foreign consignees/end users; as employers they either obtain formal Government security clearance for their affected employees, or subject them to bespoke screening?

Is there a requirement to flow down ITAR 126.18?

There is no requirement to flow down ITAR 126.18 requirements to suppliers (sub-licensees). Each supplier must take responsibility for complying with ITAR 126.18 etc. Prior DDTC consent is still required for retransfers to third country suppliers.

What do you need to know about an ITAR?

In recent years, State has required U.S. companies seeking ITAR authorizations, including manufacturing license agreements (MLAs) and technical assistance agreements (TAAs), to identify the nationalities and country of birth for all employees at non-U.S. business partners who may access defense articles, including technical data.

Is the USMIL subject to the ITAR part 129?

As such, all defense articles described in the USMIL or the USML are subject to the brokering controls administered by the U.S. Department of State in part 129 of the ITAR.