This site displays a prototype of a Web 2.0 version of the daily the material on FederalRegister.gov is accurately displayed, consistent with Below, under "Tools" are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming . It is the policy of the United States to deny licenses or other approvals for exports of defense articles and defense services destined for Russia, except that a license or other approval may be issued, on a case-by-case basis: (1) For government space cooperation; and. U.S. Department of Commerce
The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. Contact the Office of Foreign Assets Control. 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. Person", "U.S. rules for defence company in Quebec violate rights: commission Montreal CBC News", "How to Avoid Discrimination in Hiring, While Complying with Export Laws | Connecticut Employment Law Blog", "I: Introduction What is a "deemed export" under the EAR/ITAR", "A short history of export control policy", "An Overreaction that Destroyed an Industry: The Past, Present, and Future of U.S. Satellite Export Controls", "Commercial Space Transportation Quarterly Launch Report", "Rocket malfunction causes satellite to not reach preset orbit", "U.S. Satellite Component Maker Fined $8 Million for ITAR Violations", "Caleb Henry, New US Satellite Export Reforms Gets Positive Response from Industry, in Via Satellite, May 16, 2014", "U.S. ITAR satellite export regime's effects still strong in Europe", "Thales Alenia Space: U.S. Suppliers at Fault in "ITAR-free" Misnomer", "Back-to-back commercial satellite wins leave China Great Wall hungry for more", Details from the Bureau of Industry and Security, part of the Department of Commerce, The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, Federation of American Scientists' Export Control 'Reform' Site, The Effects of Export Control on the Space Industry, The Space Show interviews Ann Ganzer, Director of the Office of Defense Trade Controls Policy (DTCP) for the State Department, A Guide To Selected U.S. Travel/Identity Documents For Law Enforcement Officers, Search List of Parties Debarred for AECA Convictions, European Launcher Development Organisation, European Cooperation for Space Standardization, European Space Research and Technology Centre, European Centre for Space Applications and Telecommunications, Space Telescope European Coordinating Facility, European Space Security and Education Centre, EU Commission DG Defence Industry and Space, Body of European Regulators for Electronic Communications, European Network of Civil Aviation Safety Investigation Authorities, AeroSpace and Defence Industries Association of Europe, European Committee for Electrotechnical Standardization, European Conference of Postal and Telecommunications Administrations, European Telecommunications Standards Institute, European Organisation for Civil Aviation Equipment, European Organisation for the Exploitation of Meteorological Satellites, European Telecommunications Satellite Organization, Organization for Security and Co-operation in Europe, Creation of the British National Committee for Space Research, Creation of the British National Space Centre, Strategic Defence and Security Review 2015, Cancellation of the Constellation program, Launch of the Space Launch System program, Development of the Commercial Crew Program, Re-establishment of the National Space Council, Politics of the International Space Station, International Civil Aviation Organization, Committee on the Peaceful Uses of Outer Space, Consultative Committee for Space Data Systems, Committee on Earth Observation Satellites, Inter-Agency Space Debris Coordination Committee, International Charter 'Space and Major Disasters', International Mobile Satellite Organization, International Space Exploration Coordination Group, International Space Station Multilateral Coordination Board, International Telecommunications Satellite Organization, Orbital Debris Co-ordination Working Group, Regional African Satellite Communication Organization, Arab Satellite Communications Organization, Asia-Pacific Space Cooperation Organization, Prevention of an Arms Race in Outer Space, International Cospas-Sarsat Programme Agreement, International Space Station Intergovernmental Agreement, Students for the Exploration and Development of Space, Arthur C. Clarke Institute for Modern Technologies, Timeline of first orbital launches by country, https://en.wikipedia.org/w/index.php?title=International_Traffic_in_Arms_Regulations&oldid=1120523057, Articles with dead external links from February 2015, All Wikipedia articles written in American English, Articles needing cleanup from February 2021, Cleanup tagged articles with a reason field from February 2021, Wikipedia pages needing cleanup from February 2021, All articles with vague or ambiguous time, Wikipedia articles in need of updating from June 2018, All Wikipedia articles in need of updating, Articles with unsourced statements from September 2018, Wikipedia articles in need of updating from October 2014, Articles with unsourced statements from May 2014, Articles with unsourced statements from November 2017, Wikipedia external links cleanup from February 2015, Wikipedia spam cleanup from February 2015, Creative Commons Attribution-ShareAlike License 3.0. a corporation, business, organization, or group that is incorporated in the United States under U.S. law. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . OFAC administers a number of different sanctions programs. ITAR does not apply to information related to general scientific, mathematical or engineering principles that are commonly taught in schools and colleges or information that is in the public domain. [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. [10] The U.S. government has also taken action (albeit unsuccessfully) for the export of technical data that was allegedly already publicly available on the Internet.[11][12][13][14]. Share sensitive information only on official, secure websites. 7089, Pub. (l) Russia. On the ITAR front, DDTC announced several major enforcement actions, consolidated and restructured the regulations, and issued new license types. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. "[64] The need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs. 13637, 78 FR 16129. Use the PDF linked in the document sidebar for the official electronic format. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. chapter 35. [27]:31[34]. Therefore, in accordance with Executive Order 13132, it is determined that this proposed amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Physical enforcement of the ITAR (as well as all import and export laws of the United States) is performed by Homeland Security Investigations Special Agents (formerly U.S. Customs) under Immigration and Customs Enforcement, an agency of the Department of Homeland Security. In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. Learn more about recent Russia sanctions and other export control updates. This can cause significant problems for foreign governments and organizations from countries with large first generation immigrant populations (which is discussed in more detail under "Controversy"). The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. Learn more here. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). The Department of State Directorate of Defense Trade Controls (DDTC) interprets and enforces ITAR. L. 108-375; Sec. Prohibited exports, imports, and sales to or from certain countries. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. Each document posted on the site includes a link to the In the CSL downloadable files, there is a column which is titled source.This column indicates which specific federal agencys proscribed party screening list is the source for each entry on the spreadsheet. Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. [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. documents in the last year, by the Energy Department [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. These can be useful Something similar happened when DCS was adding the F-16 and an ITAR controlled maintenance manual was sent to a foreign National to help model the aircraft in game. Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email DDTCCustomerService@state.gov. It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. 804. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. the "effective procedures" requirement may be satisfied by: (i) a security clearance approved by the host nation government for its employees or (ii) the employer screening the employee for "substantive contacts" with restricted countries (i.e., 126.1 countries), maintaining a tscp and requiring that the employee sign a nondisclosure agreement Director, Office of Directives Management, Department of State. the Federal Register. These markup elements allow the user to see how the document follows the USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. Federal Register issue. It does not authorize export to the employee's country of Dual or Third Nationality.[27]. [94] Foreign employees working in the US cannot have access to the same network where ITAR data may be stored, nor may they have access to rooms or facilities where ITAR work is being done. documents in the last year, 84 [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. 03/17/2021 at 8:45 am. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. Export Controls". 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). The unauthorized access had included direct access to USML items and access to international computer systems on which USML items were stored by Dual Nationals from countries including Syria and the PRC. [33], In addition, the prohibition on access by Dual and Third Country Nationals from countries proscribed under ITAR 126.1 can cause problems for countries with large immigrant populations from those countries (such as Canada and Australia, which both have large Overseas Chinese and Overseas Vietnamese immigrant populations: see immigration to Canada and immigration to Australia). documents in the last year, 12 Document Drafting Handbook In serious cases, a party may be debarred from future exporting for a period of time. Prior to taking further action, to ensure full compliance with all of the terms and conditions of the restrictions placed on the parties on this list, the user must check the official publication of restricted parties in the Federal Register. Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. 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. Contact the Bureau of International Security and Non-proliferation. [27] These clauses will generally permit access by Dual and Third Country Nationals from NATO, EU, Japan, Switzerland, New Zealand and Australia (subject to certain conditions). This action reflects a policy determination made by the Secretary of State. [citation needed] Restrictions were loosened on 36 countries, strict controls remained on another 150 countries, and exports remained prohibited to 20 countries. [8]:120.10(5) Broad interpretations of these exceptions have faced several legal challenges. For complete information about, and access to, our official publications informational resource until the Administrative Committee of the Federal 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. The ChinaSat 8 satellite, which had been scheduled for launch in April 1999 on a Long March 3B rocket,[100] was placed in storage for a decade and finally launched on an Ariane 5 rocket in 2008. [3] US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.[4]. [101] ITAR has been blamed for "destroy[ing] an industry," reducing the market share of U.S. satellite makers by almost 25% from 1997 to 2007. A US defense company sends end-to-end encrypted ITAR technical data to a U.S. entity working at the company's office in Germany. cuba, iran).others are "targeted" (i.e. Likewise, access to USML items on corporate systems, such as intranets, by foreign persons overseas or in the U.S., is considered a Retransfer of the items. [107], United States law preventing export of military technologies, "ITAR" redirects here. The President of the United States manages the operations of the Executive branch of Government through Executive orders. [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". ITAR is part of a web of laws and regulations prohibiting U.S. individuals and companies from engaging in business with prohibited/sanctioned countries and persons for various economic, financial, anti-terrorism and human rights reasons. documents in the last year, 876 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). About the Federal Register 1401 Constitution Ave NW
European GNSS Supervisory Authority (20042010), Various conventions, treaties, agreements, memorandums, charters or declarations establishing and governing intergovernmental organisations or inter-agency bodies dealing with space affairs, This page was last edited on 7 November 2022, at 12:48. Afghanistan Angola Belarus Burma China (Prc) Cyprus Cuba Haiti Iran Iraq Liberia Libya Nigeria North Korea Rwanda Somalia Sudan Syria Vietnam Yemen Zimbabwe What are the most common ITAR violations? We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. [21] Registration fees start at US$2,250 per year. 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. and services, go to Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. Information about this document as published in the Federal Register. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, https://www.federalregister.gov/d/2021-05530, MODS: Government Publishing Office metadata. Washington, DC 20230. The Department will continue to take into account the considerations of Section 3 of the Conventional Arms Transfer Policy, such as the national security and foreign policy interests of the United States, when making arms transfer decisions, both for firearms that remain subject to the ITAR and firearms that are subject to the EAR. You will find them in the columnsource_information_urlfor each listed entity. ITAR applies to items identified under the Invention Secrecy Act. [28] This can be a time-consuming process. [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration Administered by the US Department of State, ITAR imposes controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items - also known . 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. [35], U.S. Government policy also imposes a positive obligation on U.S. companies to fully disclose any breaches of ITAR to the U.S. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. offers a preview of documents scheduled to appear in the next day's * * *. documents in the last year, by the Food Safety and Inspection Service [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. 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. Government. Embargoes sanctions (CRIMEA - REGION OF UKRAINE, CUBA, IRAN, NORTH KOREA, and SYRIA) prohibit ALL transactions (including imports and exports) without a license authorization. However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . In considering whether or not a shipment, transfer, transmission or disclosure will require an export license, we need to consider WHAT is being shipped, WHERE it is going, and TO WHOM it is being exported or disclosed. The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of "US persons". documents in the last year, 1401 01/18/2023, 823 Munitions List) may only be shared with US persons unless authorization from the Department of State is received to export the material or information to a foreign person. 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. The list is updated every now and then, so be sure to check it regularly. documents in the last year, 16 Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. Additionally, Customs and Border Protection Officers, also under the Department of Homeland Security, inspect imports and exports at U.S. Border Crossings and International Airports and enforce import and export regulations. A Rule by the State Department on 03/18/2021. provide legal notice to the public or judicial notice to the courts. New Documents CUI is relatively new, within the last 3 years or so, the information "leaked" was likely ITAR which is the International Traffic in Arms Regulations. on Comply with U.S. and Foreign Export Regulations. 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.. Even U.S. companies have expressed interest in ITAR-free technology. For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. Until the ACFR grants it official status, the XML Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME. We optimized our duplicate algorithm so that full names and aliases do not appear twice. The ITAR Regulatory Framework 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. Please type the text you see in the image into the text box and submit 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. All the tools are updated automatically every day at 5:00 AM EST/EDT. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of enumerated countries with respect to which it is the policy of the United States to deny licenses and other approvals for exports and/or imports of defense articles and defense services, except as otherwise provided. 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. Use the Consolidated Screening List Search Engine. 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. The Department of State defines Dual and Third Country Nationality as follows: Although "nationality" is not defined under ITAR, it is accepted that the U.S. Government will take country of origin[27] and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality. Copyright UC Regents. The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. An explanation of the International Traffic in Arms Regulations (ITAR) and how they control the sale of defense items and defense services. [90][91], This means that a person who was born in the UK but is a U.S. permanent resident working in the U.S. for a U.S. company will be considered a U.S. person only (under the definition of "US person"). The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add Cambodia in the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services. This rulemaking does not impose or revise any information collections subject to 44 U.S.C. In this article, we'll cover: Who Needs to be ITAR Compliant? 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. 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