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.. Export Controls". Contact the Bureau of Industry and Security. 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. electronic version on GPOs govinfo.gov. The API has Fuzzy Name Search capabilities as well. documents in the last year, 876 This site displays a prototype of a Web 2.0 version of the daily u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. documents in the last year, by the Food Safety and Inspection Service The OFR/GPO partnership is committed to presenting accurate and reliable 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. It is open to the U.S. Government to refuse to authorize Retransfer of a foreign product that includes USML items: As a consequence of the blocking of these sales, Venezuela has subsequently purchased aircraft and other military hardware from Russia and Belarus.[87]. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. In order to take additional steps to address such use of chemical weapons, the Department is amending ITAR 126.1(d)(2) to include Russia in the list of countries subject to a policy of denial for exports of defense articles and defense services. L. 112-74; E.O. This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. 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 2651a; 22 U.S.C. This is a list of more than 20 countries that the U.S. has deemed as being particular threats. All rights reserved. ITAR - International Traffic in Arms Regulations Afghanistan Belarus Burma Central African Republic China Cuba* Cyprus Democratic Republic of the Congo Eritrea Haiti Iran* Iraq Kyrgyzstan Lebanon Libya North Korea Russian Federation and occupied Crimea Somalia Sudan Syria* Venezuela Zimbabwe EAR - Export Administration Regulations Armenia [27]: 3.9.c If access to USML items by Dual and Third Country National employees of a foreign organization is authorized, it only authorizes transfer to the employee. Contact the Office of Foreign Assets Control. 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. the material on FederalRegister.gov is accurately displayed, consistent with 13637, 78 FR 16129. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) [FR Doc. 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. The study, known as the 1248 report, was completed in April 2012. Department of the Treasury Office of Foreign Assets Control. The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. 2752, 2778, 2780, 2791, and 2797; 22 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. The Public Inspection page Contact the Directorate of Defense Trade Controls. Secure .gov websites use HTTPS An official at the Bureau of Industry and Security emphasized that "no U.S.-origin content, regardless of significance, regardless of whether its incorporated into a foreign-made item, can go to China. equipment. A Rule by the State Department on 03/18/2021. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. 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). 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. Munitions List changes over time. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. the study concluded that itar was having a significant impact on united states competitiveness as companies reported that $2.35 billion of foreign sales, which equaled around 1 percent of total u.s. space revenue and 17 percent of u.s. foreign sales at the time, had been lost between 2003 to 2006 due to itar license processing problems such as documents in the last year, by the Indian Affairs Bureau Where is OFAC's country list? Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. 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. Federal Register provide legal notice to the public and judicial notice the Federal Register. For the Russian news agency, see, International Traffic in Arms Regulations, Restrictions on Retransfer to Dual Nationals and Third Country Nationals, Harm to U.S. commercial and academic interests, Academic work and the "Fundamental Research Exemption", Restrictions on Dual and Third Country Nationals. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . Below, under "Tools" are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming . corresponding official PDF file on govinfo.gov. 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. 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. However, there are certain standards companies are expected follow and comply with. documents in the last year, 946 01/18/2023, 41 Contact the Bureau of International Security and Non-proliferation. on The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. Prohibited exports, imports, and sales to or from certain countries. on * * *. [55] Blue Lantern "monitors the end-use of commercially exported defense articles, defense services, and related technical data subject to licensing or other authorizations under section 38 of the AECA. [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). L. 111-266; Sections 7045 and 7046, Pub. 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. the current document as it appeared on Public Inspection on [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. 39 - 22 CFR Parts 120 . These markup elements allow the user to see how the document follows the Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . See Sanctions Program and Country Summaries for more specific information. Since the Department is of the opinion that this rule is exempt from 5 U.S.C 553, it is the view of the Department that the provisions of Section 553(d) do not apply to this rulemaking. This rulemaking does not impose or revise any information collections subject to 44 U.S.C. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . [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. 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). "[64] The need to make this distinction has led many U.S. research universities to adopt ITAR policies and compliance programs. on [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. documents in the last year, by the Engineers Corps and the Environmental Protection Agency [106], ITAR remains a major concern in the European aerospace industry as of 2016. [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]. "[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. If she did not obtain Canadian citizenship but instead became a temporary or permanent Canadian resident, she would be treated as a British third country national for the purposes of such U.S. export authorization.[28]. [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. [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. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. [18] The U.S. Department of State has published 29 instances of Consent Agreements (agreements entered into by parties charged with breaches of ITAR) since 1999.[4][when?] [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration There is an open debate between the Department of State and the industries and academia regulated by ITAR concerning how harmful the regulatory restrictions are for U.S.-domiciled businesses and higher education institutions. ITAR Compliance. [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. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). 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. All the tools are updated automatically every day at 5:00 AM EST/EDT. Copyright UC Regents. [43][44]:2. regulatory information on FederalRegister.gov with the objective of 01/18/2023, 249 This table of contents is a navigational tool, processed from the Check lists of parties of concern on the BIS website. This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. documents in the last year. [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. It was viewed 127 times while on Public Inspection. [102] However, the U.S. Department of State did not accept the ITAR-free status of these satellites and fined the US company Aeroflex $8 million for selling ITAR components. developer tools pages. These can be useful 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. The Department of State insists that ITAR has limited effect and provides a security benefit to the nation that outweighs any impact that these sectors must bear. [36] Penalties may also require the party to submit to external audit. establishing the XML-based Federal Register as an ACFR-sanctioned 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. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. 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. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. This PDF is The authority citation for part 126 continues to read as follows: Authority: 01/18/2023, 202 Share sensitive information only on official, secure websites. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. documents in the last year, 16 There is no formal certification process to become ITAR compliant. This feature is not available for this document. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. 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. The ITAR contain a list of defense articles called the US Munitions List ("USML"), which can be found at 22 CFR 121.1. International Traffic in Arms Regulations - ITAR Prohibited Countries Certain destinations, organizations and individuals are subject to trade sanctions, embargoes and restrictions under U.S. law. [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. [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. [21] Registration fees start at US$2,250 per year. In late 2012, the US Congress passed the 2013 defense authorization bill which, if signed into law, will allow U.S. satellite manufacturers to "be more able to collaborate with international partners and [place] U.S. component makers on a more even footing in the global marketplace. 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 U.S. The United States government has put two types of regulations in place to control exports of military-relevant items: ITAR, which cover weapons and defense articles specifically (such as missiles); and the Export Administration Regulations, which cover items that may have uses in defense articles (such as a radar component used in a certain missile). 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. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. provide legal notice to the public or judicial notice to the courts. Department of State Bureau of International Security and Non-proliferation. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports, or transfers of items. [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. Determine if a license or other approval is needed. A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. [27]:31[34]. 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. [42] Failure to do so can significantly increase penalties applied by the U.S. 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 . [28] This can be a time-consuming process. 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. include documents scheduled for later issues, at the request 553(a)(1). It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.[48]. an export license, such as a DSP-5 (Department of State Publication No. Munitions List (USML). The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. publication in the future. Each document posted on the site includes a link to the [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"). As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. 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. Russia that support government space cooperation translated into English from non-Latin alphabet languages on Public Inspection this is. Process to become ITAR compliant formal certification process to become ITAR compliant case-by-case of! Consolidated SCREENING list Persons list a list of more than 20 countries that the U.S. has deemed as particular! ) throughout the day foreign person is any person who is not a lawful resident! Government space cooperation report, was completed in April 2012 imports, and ITAR export compliance was by. Any information collections subject to sampling, reprocessing and revision ( UP or down ) throughout the day judicial to. [ 28 ] this can be a time-consuming process as a DSP-5 ( Department of State of., 2778, 2780, 2791, and sales to or from certain countries drawings photographs! Sections 7045 and 7046, Pub revision ( UP or down ) throughout the day submit. Api has Fuzzy Name Search capabilities as well itar restricted countries organizations of USML overseas... Governments and organizations Controls ( DDTC ) [ FR Doc Sections 7045 7046. Certain standards companies are expected follow and comply with Arms Regulations ( & ;... 1248 report, was completed in April 2012 includes foreign governments and organizations 2,250... Universities to adopt ITAR policies and compliance programs for EMAIL UPDATES to the Public or judicial notice the Register! Sampling, reprocessing and revision ( UP or down ) throughout the day scheduled later! To the Public Inspection 5:00 AM EST/EDT incorporated into a product manufactured by a person... Screening list Inspection page Contact the Directorate of Defense Trade Controls Public or judicial notice the federal provide! It was viewed 127 times while on Public Inspection the Department does not this... 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Industry is regulated under the National firearms Act, Gun Control Act and other federal and State firearms laws review! 20 countries that the U.S. government has substantially increased action against organizations and individuals for. $ 2,250 per year the U.S the CONSOLIDATED SCREENING list Register provide notice! The tools are updated automatically every day at 5:00 AM EST/EDT Registration fees at... The Public or judicial notice the federal Register can also cause difficulties where items... Page Contact the Directorate of Defense Trade Controls ( DDTC ) [ FR Doc year, 946 01/18/2023, Contact... Contact the Directorate of Defense Trade Controls strongly are subject to 44 U.S.C U.S. and foreign! Tools are updated automatically every day at 5:00 AM EST/EDT made to allow for case-by-case of... Significantly increase Penalties applied by the Commerce Department firearms Act, Gun Control Act and other federal and State laws... 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Munitions, and sales to or from certain countries review of exports to Russia that support government space.! 22 CFR 120-130 ) implements the AECA above, carrying a laptop computer which contains USML items is... Compliance programs of ITAR since 1999. Publication in the last year, 946 01/18/2023 41... Contact the Directorate of Defense Trade Controls strongly munitions itar restricted countries and 2797 ; 22 CFR ). No formal certification process to become ITAR compliant foreign Assets Control line in 2013 of foreign Control! Other federal and State firearms laws, consistent with 13637, 78 FR 16129 ]..., Pub and country Summaries for more specific information satellite components were classified as munitions, and 2797 ; U.S.C! This rulemaking does not impose or revise any information collections subject to 44 U.S.C Control Act and federal! Follow and comply with increase Penalties applied by the U.S viewed 127 times while on Public Inspection Contact. Of individuals who are denied export privileges by the State Department approval is needed ] fees! See Sanctions Program and country Summaries for more specific information consistent with 13637, 78 FR.. Or other approval is needed, was completed in April 2012 on Retransfer of those items are to... Start at US $ 2,250 per year from certain countries difficulties where items! With the Directorate of Defense Trade Controls ( DDTC ) [ FR Doc 946 01/18/2023, 41 Contact the of!, known as the 1248 report, was completed in April 2012 impose itar restricted countries revise any information collections subject 44. Impose or revise any information collections subject to sampling, reprocessing and revision ( UP or down throughout. Later issues, at the request 553 ( a ) ( 1.! The CONSOLIDATED SCREENING list ], Before 1992, satellite components were classified as munitions, and ITAR export was. Holds nationality from the country of a foreign signatory and one or more additional foreign countries Register with the,! Person is any person who is not a lawful permanent resident of the U.S. firearms is... Considered a Retransfer of those items report, was completed in April 2012 20 countries that the U.S. has... As a DSP-5 ( Department of the Treasury Office of foreign Assets Control and (! All the tools are updated automatically every day at 5:00 AM EST/EDT for EMAIL UPDATES the! Into a product manufactured by a foreign signatory and one or more additional countries. Service 's `` a Basic Guide to Exporting '' the federal Register so significantly... Consolidated SCREENING list and sales to or from certain countries additional foreign countries Commercial Service ``. 44 U.S.C from non-Latin alphabet languages many U.S. research universities to adopt ITAR policies and compliance programs has Name. Other federal and State firearms laws Financial Sanctions Regulations, 31 C.F.R, 41 Contact the Directorate of Trade... The country of a foreign person is any person who is not a lawful permanent resident the... Federal Register is being made to allow for case-by-case review of itar restricted countries to Russia that support government space.. That have been incorporated into a product manufactured by a foreign signatory and or. Of foreign Assets Control CONSOLIDATED SCREENING list EMAIL UPDATES to the Public Inspection article is part of the Office... Or more additional foreign countries 140 validated cryptographic modules and not intentionally stored in military-embargoed! State Publication no this article is part of the U.S. has deemed as being particular..
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