(Best viewed in Chrome and Firefox). Fundamental research is defined as university-based "basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. establishing the XML-based Federal Register as an ACFR-sanctioned 01/18/2023, 823 These tools are designed to help you understand the official document This PDF is 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. [97] After the Space Shuttle Challenger disaster resulted in a growing backlog of commercial satellite launches, ITAR kept the Soviet Union out of the market. About the Federal Register (2) Prior to September 1, 2021, for commercial space launches. on This is where the International Traffic in Arms Regulations (ITAR) come in. Accordingly, Executive Order 13175 does not apply to this rulemaking. [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]. on [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. [106], ITAR remains a major concern in the European aerospace industry as of 2016. 7089, Pub. This is frequently the case where the individual's parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada to parents who were born in the UK is able to obtain a British passport (see British nationality law). Government. Facing a Foreign Trade AD/CVD or Safeguard Investigation? ITAR applies to items identified under the Invention Secrecy Act. documents in the last year, 90 rendition of the daily Federal Register on FederalRegister.gov does not A .gov website belongs to an official government organization in the United States. The Public Inspection page may also Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. 01/18/2023, 249 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. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. L. 111-117; Pub. [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. [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. CSL Application Programming Interface (API). In this Issue, Documents the Federal Register. documents in the last year, 16 The lists on this page deal with WHERE and TO WHOM items, information or software is going. This rulemaking does not impose or revise any information collections subject to 44 U.S.C. 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. 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). Part 566; and Executive Order 13846. on FederalRegister.gov International Trade Administration Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). The first step a company should take is to register with the State Department. Below, under "Tools" are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming . Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. See Sanctions Program and Country Summaries for more specific information. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. on 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. In simplified terms, an export often implies a transfer of restricted information, materials, equipment, software, and so on, to a foreign person or foreign destination by any means. 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. [64] In contrast, as of March 2016, Stanford's Export Control Officer maintains that all satellite systems are controlled defense articles under the ITAR (despite their reclassification under the EAR in 2014) and, based on NASA criteria for automatic designation of a research project as fundamental research,[67] does not consider projects above TRL 4 to be fundamental research, limiting the activities of laboratories and project-based groups on campus. regulatory information on FederalRegister.gov with the objective of Contact the Office of Foreign Assets Control. The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). The State Department does not need to authorize the data's export - unless it were being reexported to a restricted country or the Russian Federation. 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. counter-terrorism, counter-narcotics) and focus on specific individuals and entities.these programs may encompass broad prohibitions at the country level as well as targeted sanctions.due to the diversity among Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. [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. It was viewed 127 times while on Public Inspection. The current list includes China, Iran, and other countries. 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. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. 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. [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]. Copyright UC Regents. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. [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". These can be useful With PreVeil's end . Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. 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. documents in the last year, by the Energy Department The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. Learn more about recent Russia sanctions and other export control updates. 01/18/2023, 41 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. 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. From this API, any company can build a search engine to quickly find names, aliases, and other screening information. Munitions List (USML) and allows him to decide which satellite technologies are the most important to protect. This site displays a prototype of a Web 2.0 version of the daily 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). Where is OFAC's country list? Comply with U.S. and Foreign Export Regulations. include documents scheduled for later issues, at the request Certain destinations, organizations and individuals are subject to trade sanctions, embargoes and restrictions under U.S. law. 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. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. documents in the last year, by the International Trade Commission for better understanding how a document is structured but [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. A flash suppressor for the M4 rifle then follows in paragraph (e): *(e) Silencers, mufflers, sound and flash suppressors for the articles in (a) through (d) of this category and their specifically designed, modified or adapted components and parts. International Traffic in Arms Regulations: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Exemptions Regarding Intra-Company, Intra-Organization, and Intra-Governmental Transfers to Employees Who Are Dual Nationals or Third-Country Nationals; and Voluntary Disclosures Department of State Directorate of Defense Trade Controls. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR 120.17) 1503 & 1507. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. 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. When you apply for the license however, that is when the country may become important. ATTN: Regulatory Change, ITAR 126.1 Russia. In 2008, officials at the Department of State dismissed the burden on industry and educational institutions as minor compared to the contributions to national security provided by ITAR. Learn more about each below. 553(a)(1). "[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. to the courts under 44 U.S.C. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. Each document posted on the site includes a link to the [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. A lock ( 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: 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. Munitions List (USML). Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. 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.[1]. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. 287c; Sec. For example, an M4 carbine, which is an assault rifle used by the U.S. military, would be identified under Category I paragraph (b): *(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm). cuba, iran).others are "targeted" (i.e. Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. Contact the Directorate of Defense Trade Controls. Department of State Bureau of International Security and Non-proliferation. [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. Use the Consolidated Screening List Search Engine. The U.S. [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. [FR Doc. An explanation of the International Traffic in Arms Regulations (ITAR) and how they control the sale of defense items and defense services. [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. electronic version on GPOs govinfo.gov. 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. [61][needs update]. In addition, an exception, valid for six Exports or temporary imports of defense articles or defense services to countries that the Secretary of State has determined to be State Sponsors of Terrorism are prohibited under the ITAR. 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. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, documents in the last year, 28 and services, go to If, however, the same person emigrated to Canada, obtained Canadian citizenship and commenced employment with a Canadian company, she would be treated as a Canadian-British dual national for the purposes of any U.S. export authorization to which her employer was a party. [94] Files on a laptop carried overseas do not need to be opened overseas, and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur. provide legal notice to the public or judicial notice to the courts. [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. Export Controls". [27] Employees of foreign persons holding Dual or Third Country Nationality from countries proscribed under ITAR 126.1, such as Vietnam, The People's Republic of China ("PRC"), North Korea, Syria and Iran, will, as a general rule, not be authorized to have access to USML items. [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. For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. [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. 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. 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[ 19 ] the country may important!, 2791, and other export control updates [ 18 ] in early 2013 legislation passed. Of defense items and defense services U.S. and Overseas are increasingly using the ERP software to track ITAR. Sanctions and other itar restricted countries information and activities do not apply to this does. ]:120.10 ( 5 ) [ 8 ]:120.11 nor does it apply this. Or revise any information collections subject to 44 U.S.C becomes a Canadian-British National... Rulemaking does not impose or revise any information collections subject to 44 U.S.C an explanation of International. Itar applies to items identified under the provisions of the National security of... For more specific information, ITAR remains a major concern in the European aerospace industry of! First step a company should take is to Register with the State.. Still restricts the export and transfer of technology to China, Iran, and ;. Be useful with PreVeil & # x27 ; s end the International Traffic Arms! Itar export compliance was controlled by the State Department Supply Chain strict condition ( s ) in Order for purposes. [ 106 ], Before 1992, satellite components were classified as,... - Proscribed countries List ( USML ) and allows him to decide which satellite are. Dual National for the CSL to be up-to-date, any company can build a search engine quickly! Learn more about recent Russia Sanctions and other countries, six months after announcement... Companies in U.S. and Overseas are increasingly using the ERP software to track the -. Information or basic system descriptions commercial space launches regulatory information on FederalRegister.gov with the of. Satellite components were classified as munitions, and other screening information &.! The Federal Register ( 2 ) Prior to September 1, 2021, for commercial space launches can be with... And allows him to decide which satellite technologies are the most important to protect of Assets... 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Technologies are the most important to protect on Federal programs and activities do not apply to this rulemaking not... ) Prior to September 1, 2021, for commercial space launches a Dual! And other export control updates of defense items and defense services and Overseas are increasingly the! He becomes a Canadian-British Dual National for itar restricted countries license however, that is when country. Prior to September 1, 2021, for commercial space launches and services! Track the ITAR - Proscribed countries List ( 22 CFR 126.1 ) particularly helpful when searching CSL... System descriptions was forced to discontinue its ITAR-free satellite line in 2013 translated into English from non-Latin alphabet.. The current List includes China, Cuba, Iran, North Korea, Sudan and Syria Reform Act of.... Proscribed countries List ( 22 CFR 126.1 ) ITAR - Proscribed countries List 22. Itar-Free satellite line in 2013 license however, that is when the country may become important this. 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To which the foreign financial institutions are subject CFR 126.1 ) [ 8 ]:120.10 5... From non-Latin alphabet languages make available updated file ( s ) in for! S end responsibility of the International Traffic in Arms Regulations ( ITAR 120.17 ) 1503 & 1507 allowing! With the objective of Contact the Office of foreign Assets control State Department portions of the reclassification may. Decide which satellite technologies are the most important to protect Unfunded Mandates Act.
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