Presentation is loading. Please wait.

Presentation is loading. Please wait.

 U.S. Department of State – Defense Article ◦ International Traffic in Arms Regulations (ITAR) ◦ United States Munitions List (USML)  U.S. Department.

Similar presentations


Presentation on theme: " U.S. Department of State – Defense Article ◦ International Traffic in Arms Regulations (ITAR) ◦ United States Munitions List (USML)  U.S. Department."— Presentation transcript:

1  U.S. Department of State – Defense Article ◦ International Traffic in Arms Regulations (ITAR) ◦ United States Munitions List (USML)  U.S. Department of Commerce – Dual Use Commercial Items ◦ Export Administration Regulations (EAR) ◦ Commerce Control List (CCL) 1

2  Sending or taking a defense article out of the U.S  Transferring ownership of USML items  Disclosing or transferring tech data  Performing a defense service  Sale, transfer, or proposal to sell or transfer articles or services in certain countries 2

3  Export occur in multiple ways ◦ Faxes/ s ◦ Collaborative environments ◦ Casual conversation ◦ Travel / trade shows ◦ Meetings / site tours ◦ Translation services 3

4 U.S. PersonForeign Person  A U.S. citizen  Lawful permanent resident alien ◦ Form I-551 (green card)  U.S. Government entity  Any corporation, business association, partnership, society or any other entity, organization or group that is incorporated to do business in the U.S.  Foreign national  Foreign corporation / business not organized in the U.S.  International government / agencies  Representative of a Foreign Interest (RFI) 4

5  Information that is required for design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles…engineering “know-how” ◦ Blueprints technical drawings photographs ◦ Plans instructions proposals ◦ Specifications statements of work ◦ Test procedures / results ◦ “How-to” information 5 ITAR requires a record of ALL exports

6  Software directly related to defense articles  Classified information relating to defense articles and defense services 6 ITAR requires a record of ALL exports

7  Publicly available information ◦ Newsstands unrestricted subscriptions ◦ 2 nd class mail libraries  Publicly released by USG ◦ DOD Statement A  Basic marketing information on function or purpose  General scientific, mathematic, and engineering principles, or fundamental research ◦ Schedules parts lists top-level drawings 7

8  Defense Article ◦ Any item or technical data listed on the USML  See 22 CFR 121 (ITAR)  Defense Service ◦ Furnishing assistance (incl. training) to a foreign person, whether in the U.S. or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, processing, or demilitarization, destruction, processing, or use of defense articles ◦ Furnishing technical data to a foreign person 8

9  Significant Military Equipment (SME) ◦ Special export controls ◦ Capacity for substantial military use and / or capability 9

10  Commercial items are subject to the Export Administration Regulations (EAR) from the Department of Commerce (DoC)  According to the EAR ◦ A commercial export is the actual shipment or transmission of items subject to the EAR out of the U.S. ◦ The release of technology or software subject to the EAR to a foreign nation in the U.S. 10 Commercial items are CONTROLLED

11  The Bureau of Industry and Security (BIS) is responsible for implementing and enforcing the EAR ◦ BIS maintains the Commerce Control List (CCL) within the EAR and includes items subject to the export licensing authority of BIS  E.g. commodities, software, technology 11

12 ◦ Dual use items are those which have both commercial and military or proliferation application  May require a commodity jurisdiction from the DoC to determine which agency ultimately controls them  Exporting a commercial item may require a DoC export license or exception 12

13 SSEALS Request Initiated Export Prepares Package Corporate Export Office Reviews Staffed to DoS & Agencies Approval from DOS 13 Cycle Time Varies (2-4 Months) Be Smart; Apply Early! Cycle Time Varies (2-4 Months) Be Smart; Apply Early!

14  Technical Assistance Agreement (TAA) ◦ Similar to a contract; authorizes the performance of defense services or the disclosure of technical data to a foreign person  Manufacturing License Agreement (MLA) ◦ Similar to a contract; grants a foreign person the authorization to manufacture defense articles abroad  Licenses ◦ Permit the export or temporary import of a specific defense article or technical data 14

15  ITAR exemptions ◦ Certain pre-defined conditions which allow relief from obtaining an export license or other written approval from the DDTC to export defense articles or defense services  Applicable on a case-by-case basis  Each use requires meeting a unique set of specific criteria 15

16  All exports to foreign persons must be authorized ◦ Third-country dual nationals ◦ Subcontractors sub-licensees  All authorizations are country, product, and purpose specific ◦ There is no blank check  Limitations and provisos are cumulative ◦ They do not go away without an official request for relief 16

17  Prior approval / notification depends on many variables  All classified authorization is always transferred government to government and is limited to specific information ◦ There is no overall classification for authorization  Subcontractor vs. sub-licensee – See next slide 17

18  Sub-Licensee ◦ Sub-licensing arrangements occur when the foreign party of an MLA or TAA provides technical data to another foreign party in order to fulfill the requirements of the agreement 18

19  All sub-licensees  Must be approved by the DoS  Must execute a Non-Disclosure Agreement (NDA) which incorporates all the provisions of the basic agreement which refer to the USG and DoS  Sub-licensing authorizes a foreign-to-foreign transfer  LMC cannot provide information to a sub- licensee 19

20  Sub-Contractors ( ◦ Contracting by a prime contractor of specific support to a third party to aid in the execution of a program or project ◦ ITAR data is not transferred to an in-country subcontractor ◦ Do not need to be approved by the DoS 20

21  Export, attempt to export, re-export, or provide ◦ Defense article / service, or tech data without prior authorization from DOS ◦ Transmit tech data electronically or hand- carry ◦ Commercial or dual-use item with an appropriate license or authorization from the DOC 21

22 ◦ Violate any terms or conditions of licenses or approvals ◦ Make a false statement, misrepresent, omit material facts 22

23  Individuals may be ◦ Fined up to $1M ◦ Imprisoned up to 10 years  Company may be ◦ Denied export privileges ◦ Fined $1M for EACH occurrence ◦ Denied the privilege of doing business with the USG ◦ Incur substantial negative publicity 23


Download ppt " U.S. Department of State – Defense Article ◦ International Traffic in Arms Regulations (ITAR) ◦ United States Munitions List (USML)  U.S. Department."

Similar presentations


Ads by Google