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]. 01/18/2023, 249 The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 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. In addition, an exception, valid for six on NARA's archives.gov. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. 1503 & 1507. (ITAR) - 22 U.S.C. This document has been published in the Federal Register. 553(b), it does not require analysis under the Regulatory Flexibility Act. [43][44]:2. 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. 287c; Sec. 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. Official websites use .gov 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.. Register documents. [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. 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. For complete information about, and access to, our official publications 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. The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. 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. [99] Space Systems/Loral paid a $20 million fine in 2002 for Intelsat 708, and Hughes paid a $32 million fine in 2003 for Apstar 2. Check if products are on US Munitions list (USML). headings within the legal text of Federal Register documents. the Federal Register. 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. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. [8]:123.10, Collaborative programs (also known as "Armaments Cooperative Projects" ("ACPs")) between the U.S. and foreign Governments (such as the Joint Strike Fighter) may also authorize export of USML items (subject to strict controls).[28]. In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. 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. 1225, Pub. 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. U.S. Department of Commerce The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. 2021-05530 Filed 3-17-21; 8:45 am], updated on 4:15 PM on Tuesday, January 17, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. 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. Contact the Bureau of Industry and Security. TheCSL APIenables computers to freely access the CSL in an open, machine-readable format. 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. 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. Learn more about each below. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to establish a policy to address those who are unable to implement the exemption for intra-company, intra-organization, and intra-government transfers of defense articles and defense services by approved end-users to dual national and third-country . Comply with U.S. and Foreign Export Regulations. Use the PDF linked in the document sidebar for the official electronic format. provide legal notice to the public or judicial notice to the courts. International Trade Administration However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . [99] The European company Thales Alenia Space developed a line of ITAR-free satellites that used no restricted U.S. components, allowing them to be launched on Chinese rockets between 2005 and 2012. European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. documents in the last year, 830 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. U.S. Government enforcement activities have increased dramatically since 1999,[17] when the U.S. Department of State took over export regulations for satellites. 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. Screen potential buyers and end-users to comply with U.S. Government regulations. Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects. 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). 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? [98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. [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]. An explanation of the International Traffic in Arms Regulations (ITAR) and how they control the sale of defense items and defense services. The documents posted on this site are XML renditions of published Federal 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. Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. 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. [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". When you apply for the license however, that is when the country may become important. Use the Consolidated Screening List Search Engine. ITAR also operates to prohibit the "Retransfer" (also called "Re-export") of items on the USML by foreign persons unless the Retransfer is specifically authorized under the relevant export authorization. ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. 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. If the foreign person wants to Retransfer the product to another foreign person, it must obtain authorization from the U.S. Government before the Retransfer can take place. Document Drafting Handbook 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 feature is not available for this document. Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . [61][62] ITAR generally prohibits foreign persons from collaborating with US citizens on projects pertaining to items on the USML without export licensing, as such work can be construed to fall under one of the several enumerated definitions of "export," such as:[63], Where the definition of "defense service" includes "the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles. Federal Register. [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. Federal Register provide legal notice to the public and judicial notice The related Export Administration Regulations (Code of Federal Regulations Title 15 chapter VII, subchapter C) are enforced and interpreted by the Bureau of Industry and Security in the Commerce Department. While every effort has been made to ensure that [FR Doc. This is a list of more than 20 countries that the U.S. has deemed as being particular threats. If you are using public inspection listings for legal research, you documents in the last year, 274 The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. The most notable enforcement action was the $100M penalty applied to ITT as a result of the unauthorized Retransfer of night vision technology to the PRC in 2007. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. 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. If a U.S. export authorization is silent as to access by Dual and Third Country National employees of a foreign party, the authorization has the effect of limiting access to employees who are nationals only of the country of their employer. documents in the last year, 675 Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. 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. Use the Consolidated Screening List Search Engine. Actions are often initiated by U.S. Immigrations and Customs Enforcement and include: Since 1990, the U.S. Government has also operated the "Blue Lantern" end-use monitoring program. [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). [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). 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. [21] Registration fees start at US$2,250 per year. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. There is no formal certification process to become ITAR compliant. Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . [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. 7089, Pub. In this Issue, Documents documents in the last year. 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. documents in the last year, 534 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. by the Farm Credit System Insurance Corporation documents in the last year, 1487 The State Department will often have a more liberal licensing . Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) 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 Section 126.1 is amended by revising the second sentence in paragraph (a), revising the table in paragraph (d)(2), and adding paragraph (l) to read as follows: (a) * * * 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 for Russia and in support of government space cooperation, and 126.6, or when the recipient is a U.S. government department or agency, do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons. 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. A Rule by the State Department on 03/18/2021. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. Government. Privacy| Accessibility | Nondiscrimination, EXPORT CONTROLLED OR EMBARGOED COUNTRIES, ENTITIES AND PERSONS, Berkeley Research Infrastructure Commons (RIC), Countries with restricted entities on the EAR Entity Chart, Office of Foreign Assets Control (OFAC) Embargoed Countries Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma) and Sudan, OFAC Listed Countries and Territories Subject to Sanctions Liberia, Iraq, Zimbabwe, Balkans, Libya, Cote D'Ivoire (formerly Ivory Coast) and the Palestinian Territories, OFAC Specially Designated Nationals and Blocked Persons List. documents in the last year, 1401 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. Fundamental research is defined as university-based "basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. 2651a; 22 U.S.C. 804. [61][needs update]. We optimized our duplicate algorithm so that full names and aliases do not appear twice. The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. A locked padlock ) or https:// means youve safely connected to the .gov website. Technical data is defined in the ITAR at 22 CFR 120.33 as: (1) Information, other than software as defined in 22 CFR 120.40(g), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. 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. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. DDTC also approved a tremendous volume of licenses for exports, reexports and brokering efforts to facilitate the total $24.3 billion in security assistance the U.S. has provided Ukraine since the war . It is also possible for a person who was born in one country to become a Dual National for the purposes of ITAR without necessarily leaving his country of origin, simply by obtaining a foreign passport (thereby "holding nationality" from another country). In this article, we'll cover: Who Needs to be ITAR Compliant? 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. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. rendition of the daily Federal Register on FederalRegister.gov does not All US persons, wherever they are located, must comply with OFAC regulations. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. [64] In contrast, as of March 2016, Stanford's Export Control Officer maintains that all satellite systems are controlled defense articles under the ITAR (despite their reclassification under the EAR in 2014) and, based on NASA criteria for automatic designation of a research project as fundamental research,[67] does not consider projects above TRL 4 to be fundamental research, limiting the activities of laboratories and project-based groups on campus. on This is where the International Traffic in Arms Regulations (ITAR) come in. The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. The ITAR regulate defense articles and defense services. APDF readeris available from Adobe Systems Incorporated. [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. 01/18/2023, 159 In serious cases, a party may be debarred from future exporting for a period of time. 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]. 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. Information about this document as published in the Federal Register. The export authorization may take the form of: Where the export authorization relates to USML items that are classified information or are identified as "Significant Military Equipment"[8]:120.7 on the USML, a DSP-83 Nontransfer and Use Certificate will also be required. "[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. documents in the last year, by the Food Safety and Inspection Service [82] Smaller exporters who may not have been aware of the requirement to register can potentially be charged crippling back fees when they first register. Prohibited exports, imports, and sales to or from certain countries. Below, under Tools are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury. documents in the last year, 480 (2) Classified information relating to defense articles and defense services on the U.S. Munitions List (USML). 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). [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. Only official editions of the This rulemaking does not impose or revise any information collections subject to 44 U.S.C. This prototype edition of the All the tools are updated automatically every day at 5:00 AM EST/EDT. CSL Application Programming Interface (API). on The Department of Defense is also involved in the review and approval process. Export Enforcement Actions in the Past Year", "The Defense Trade Cooperation Treaties with the United Kingdom andAustralia Advance the American Interest | The Heritage Foundation", "Chinese Rocket Launches French Communications Satellite Into Orbit | China Rocket Launches & Satellites | China Space Program", ITAR free SPACEBUS 4000B2: avionic block diagram, "INITIATIVE FOR A RENEWED TRANS-ATLANTIC PARTNERSHIP, A WORKING PAPER, TRUSTED PARTNERS: SHARING TECHNOLOGY WITHIN THE U.S.-UK SECURITY RELATIONSHIP", "Australia: Background and U.S. Relations", "The Seattle Times: Business & Technology: Separation anxiety: The wall between military and commercial technology", "Brazilian brigadier bashes US defense export policies on YouTube | The DEW Line", "Brazil favors France's Rafale jet minister", "Minutes of the October 21, 2008 Plenary Session", "Love Rocks: CASA's $600M Venezuelan Plane Sale Hits Heavy Turbulence, Crashes", "Venezuela EUA Impedem Embraer de vender Super Tucanos Venezuela Defesa@Net", "Military of Venezuela profile. 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