Important itar definitions in order to understand the requirements of the itar it is important to understand. If you look down the list, you will see that the majority of headings a lot. Dual use export licensing under the ear itar export. Export control reform and revisions to definitions under. The international traffic in arms regulations itar and the export administration regulations ear are two important united states export control laws that affect the manufacturing, sales and distribution of. Parenthetical references following the terms in quotation marks i. International traffic in arms regulations itar the itar requires. For any revisions, corrections, or modifications of this document, contact the office of international and interagency relations at headquarters. Watch export webinars complete guide to export procedures. That means screening your customers against denied party lists and watching for red flags. Start printed page 35615security program operating manual nispom. Building an effective end useend user screening program.
The first cornerstone concept under itar itar contains a list of products called the u. In this part, references to the ear are references to 15 cfr chapter vii, subchapter c. The international traffic in arms regulations itar in the simplest terms, the itar regulates the export of defense articles and defense services. Do your policies have an itar definition for release.
What is controlled category i firearms, close assault weapons and combat shotguns category ii guns and armament. The department of state directorate of defense trade controls administers the international traffic in arms regulations itar 22 c. This applies to anything intended for defenserelated applications or military enduse. It is our hope that this guide will help the exporter be aware of u. Export compliance program policies and procedures manual. It also adds administrative clarifications for some of the changes made in revision 4. Chapter 8, enduse monitoring eum, describes the golden sentry eum plan and procedures for routine and enhanced eum of defense articles and services provided by the usg to partner nations. Frequently asked questions on export control scenarios. Proliferation of weapons of mass destruction and their means of delivery nuclear. Munitions list usml if your product is on this list, it is subject to these controls.
Enduse must be confirmed and should not be assumed. Itar, or international traffic in arms regulations, are export control regulations overseen by the united states department of state dos. It is important to understand that the itar designation is unrelated to us use of a controlled item. It includes procedures for assisting countries in fulfilling department of state dos requirements prior to retransfers, changes of enduse, or disposals. The annotated itar office of the vice president for research. Both the itar and the ear create license requirements for exports and. The acep voting members include the assistant secretary of.
On november 2014, the department of commerces bureau of industry and security bis issued a final rule amending the export administration regulations ear to impose license requirements on the export, reexport, or transfer incountry of certain items to or within venezuela when intended for a military end use or military end user. Change in end use is within the prior definition of reexportretransfer that. This is a guide to help exporters understand their main responsibilities in todays u. Munitions list of the international traffic in arms regulations itar. This platform automatically and transparently secures files with endtoend encryption, granular access controls, and multifactor authentication. The itar controls not only end items, such as radar and communications systems, military encryption and associated equipment, but also the parts and components that are incorporated into the end item. The changes from 81 fr 54732 will go into effect on 15 november 2016. Embargoed and sanctioned countries office of trade. It does not purport to address all relevant trade compliance issues itar regulations 120 that may apply to a companys exporting activities. In conclusion, this is not a guide 100% itar compliance.
Technology includes technical data, such as blueprints and manuals, as well as services including the transfer of knowledge and. Bis enduse monitoring program managed by the office of. These specific items are controlled under the itar even though they are not being used in any military activity. Do your policies still say specifically designed, modified or configured for military use. A lot of documentation is available for users to help them understand and properly use a certain product or service. This eseminar series provides both novice and experienced export compliance professionals with a comprehensive education on complying with regulations administered by the us departments of state, commerce and treasury, and what the recent changes mean for their compliance programs. This work may be freely distributed without compensation to the author, although attribution to bartletts annotated. Manual completion of german enduse certificates bafa. The substance of this definition is not new to the itar, but it does make. In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 477 of the arms export control act and constitute the u. International traffic in arms regulations or itar, which is administered by the state department. This manual is an example and is intended only as a guide. Changes still continue to be fluent in the export arena with steppedup enforcement actions in the u.
The international traffic in arms regulations itar are part of a web of laws and regulations prohibiting u. It is the policy of boston university bu or university to comply with u. Safeguards to implement for orders and shipments, and when to terminate the relationship because of. Australian best practice guide for the management of controlled. Export control compliance manual northeastern university. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. International traffic in arms regulations wikipedia.
The following are definitions of terms as used in the export administration regulations ear. Due to the fact that the information available is usually very vast, inconsistent or ambiguous. International emergency economic powers act, or the regulations that implement those statutes the itar and the ear. However, dont make the mistake of believing that just because your product is not a rocket, missile or bomb, the itar doesnt apply. Enduse definition of enduse by the free dictionary. End user the person abroad that receives and ultimately uses the exported or. Procedure when an itar controlled itemtechnical data is to be used or transferred for an enduse not included in the state department authorization. That language has been replaced by specially designed which is now defined in the itar.
Under the international traffic in arms regulations itar, 22 c. The ultimate application for which a product has been designed. One important point is that a us person working for a foreign employer must be considered a foreign person. Under both the international traffic in arms regulations itar and the export administration regulations ear, the ability of persons or entities to release of controlled technology and technical data to foreign persons including those physically located within the united states is significantly limited without relevant licensing andor authorization. Section 120 of the itar gives the definitions for items like technical data, a us person, a foreign person, an export, etc. 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. Definition of terms part 772page 6 export administration regulations bureau of industry and security march 9, 2020 technical note at the end of category 4 of the commerce control list. Prevention is truly the best option here, and end user training is a huge step in that direction. Blue lantern monitors the enduse of commercially exported defense articles, defense services, and related. Those terms in quotation marks refer to terms used on the commerce control list ccl supplement no. Dual use export licensing under the ear under the export administration regulations ear, the bureau of industry and security of the us department of commerce regulates the export of commercial items that have both commercial and military applications, or that otherwise have strategic value to the united states. Procedure when itar controlled technical data or defense articles are transferred from mks to a foreign person outside of the u.
Enduse monitoring and effective export compliance bis. International traffic in arms regulations itar is a united states regulatory regime to restrict. Examples of prohibited enduse include restrictions on certain. Paragraphs a1 through 3 of this section describe or explain the elements. Definition of export no changes to scope, but ddtc revised definition to align with ears definition moved activities associated with movement or release of defense articles outside u. This document includes embedded hyperlinks for additional information. Tax and duty manual enduse procedure maximum value of goods which may be under end use at a given point in time the control officer will establish from the company records the maximum value of goods under end use at a given point in time over the previous. Upon obtaining the necessary details about export e.
The dos uses these regulations to control items on united states munitions list or the missile technology control regime. Changes in designations are published in the federal register. If your product is on the list, everything else flows from this. Use with the itar cdrom by customs compliance consulting inc.
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