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cuba, iran).others are "targeted" (i.e. Government. documents in the last year, 675 Specifically, the proposed rule would modify relevant portions of the definitions of export (ITAR 120.17) 287c; Sec. Federal Register issue. 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). documents in the last year, 973 The list is updated every now and then, so be sure to check it regularly. This table of contents is a navigational tool, processed from the Document Drafting Handbook 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. A Rule by the State Department on 03/18/2021. Federal Register provide legal notice to the public and judicial notice 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). 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. daily Federal Register on FederalRegister.gov will remain an unofficial ITAR - PROSCRIBED COUNTRIES LIST (22 CFR 126.1) AFGHANISTAN ANGOLA BELARUS BURMA CHINA (PRC) CYPRUS CUBA HAITI IRAN IRAQ LIBERIA LIBYA NIGERIA NORTH KOREA RWANDA SOMALIA SUDAN SYRIA VIETNAM YEMAN ZIMBABWE Previous slide Next slide Back to first slide View graphic version Export Controls". It is not an official legal edition of the Federal Contact the Directorate of Defense Trade Controls. 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). The U.S. government has to give specific permission for equipment (and information, referred to in ITAR as technical data) before those items can be handed over to a non-US citizen, company, or government. ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. by the Farm Credit System Insurance Corporation These listings only contain those that mention directive 2., The Palestinian Legislative Council (PLC) List is now a part of theSpecially Designated Nationals List with the suffice NS-PLC.. This document has been published in the Federal Register. 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). To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . [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. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . 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. 01/18/2023, 202 L. 111-266; Sections 7045 and 7046, Pub. [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. The ITAR regulate defense articles and defense services. 01/18/2023, 41 1401 Constitution Ave NW Sanctions are based on US foreign policy and national security goals; they can apply to foreign countries, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the US national security, foreign policy, or economy. Department of Commerce Bureau of Industry and Security. the official SGML-based PDF version on govinfo.gov, those relying on it for [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. Share sensitive information only on official, secure websites. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. [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. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. This site displays a prototype of a Web 2.0 version of the daily [97], China used the results of the insurance investigation to improve the reliability of its Long March rockets, which would not experience another mission failure until 2011. documents in the last year, 480 External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. These can be useful [35] Other major U.S. defense contractors penalized for alleged[36] breaches of ITAR in recent years include (among others) Lockheed Martin,[37] Motorola,[38] Boeing,[39] L-3 Communications,[40] and Northrop Grumman. In the event that a company, entity, or person on the list appears to match a party potentially involved in your export transaction, additional due diligence should be conducted before proceeding. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. [94], The ease with which USML items can be exported and retransferred using computer networks and removable media significantly increases the risk of unauthorized retransfer of USML items. This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". Facing a Foreign Trade AD/CVD or Safeguard Investigation? They also view the announcements of "ITAR-free" items as anecdotal and not systemic. The authority citation for part 126 continues to read as follows: Authority: A: If you have a technology that is ITAR controlled, you are not permitted to disclose this to foreign nationals of any foreign country unless you obtain an export license or exemptions apply. This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. Part 566; and Executive Order 13846. 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. 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 . In this article, we'll cover: Who Needs to be ITAR Compliant? Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. Finally, technical data and defense services relating to the M4 are in paragraph (i): (i) Technical data (as defined in 120.33 of this subchapter) and defense services (as defined in 120.32 of this subchapter) directly related to the defense articles described in paragraphs (a) through (h) of this category. Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). 01/18/2023, 284 U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Learn more about each below. These measures can vary widely; for example, MIT states that "the intent of the ITAR is that research conducted on campus, without restrictions on publication or participation, is fundamental research from inception to publication as long as the intent is to publish the results,"[65] while Stanford University maintains a more nuanced and restrictive approach to research involving defense articles.[66]. Munitions List and 600-series items controlled by the Commerce Control List; (3) Information covered by an invention secrecy order; or, (4) Software (see 22 CFR 120.40(g)) directly related to defense articles. Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting, Consolidated Screening List Search Engine, Russia sanctions and other export control updates, SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST, Instructions for Downloading the Consolidated Screening List, Contact the Bureau of Industry and Security, Contact the Bureau of International Security and Non-proliferation, Contact the Directorate of Defense Trade Controls, Sectoral Sanctions Identifications (SSI) List, Correspondent Account or Payable-Through Account Sanctions (CAPTA) List, Non-SDN Menu-Based Sanctions List (NS-MBS List), Protecting Europes Energy Security Act of 2019 (PEESA), Non-SDN Chinese Military-Industrial Complex Companies (CMIC), Contact the Office of Foreign Assets Control. Document has been published in the Federal Contact the Directorate of Defense Trade Controls president to remove commercial and... 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