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The International Traffic in Arms Regulations (ITAR) is a United States regulation that controls the export and import of defense articles and services on the United States Munitions List (USML). ITAR applies to the actual products on the USML, defense services, and the plans or documentation used to build or support them (“technical data”). Examples of technical data include part drawings, photos, software, and other classified information related to the defense articles or services.
The purpose of ITAR is to prevent military and defense-related items and information from falling into the wrong hands and to protect against national security threats. The ITAR states that only U.S. citizens and U.S. Green Card holders (“U.S. persons” as defined by ITAR) can access items on the USML, and that no foreign persons may access them, unless otherwise authorized.
All manufacturers, exporters, temporary importers, brokers, or providers of defense articles, services, or technical data on the USML must comply with ITAR. If you’re working with other companies during your handling of ITAR-controlled items, you should ensure that each company in your supply chain has policies in place to remain ITAR compliant.
The ITAR is purposefully vague in order to give the government more flexibility and control over defense-related items. At a high level, if your business is subject to ITAR, you need to:
There is no official ITAR certification, only registration with the DDTC and the responsibility of being compliant. It’s up to each business to develop, implement, and maintain their own ITAR compliance policies based on their unique situations and risks.
Companies are required to disclose whether they have violated any ITAR requirements. Violations include exporting or transferring ITAR-controlled items without the proper licenses and approvals; failure to comply with conditions of licenses, agreements, or exemptions; omitting or falsifying information; and others.
Penalties for not complying with ITAR include:
Organizations can also face damage to their reputation and potential loss of business as a result of non-compliance. They may need to take measures to improve their compliance program, including appointing an outside official to oversee the process.
What's included:
What's included:
There is no official ITAR certification, only registration with the DDTC and the responsibility of being compliant with the regulation. It’s up to each organization to develop, implement, and maintain their own ITAR compliance policies.
Here are the basic steps you can take to follow ITAR requirements. You can learn more about each step by downloading our free ITAR requirements checklist above.
You can read the full ITAR on the DDTC's website.
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