on NARA's archives.gov. The OFR/GPO partnership is committed to presenting accurate and reliable In this Issue, Documents regulatory information on FederalRegister.gov with the objective of 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. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. 2651a; 22 U.S.C. All rights reserved. Register, and does not replace the official print version or the official 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. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. 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. 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. that agencies use to create their documents. [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. [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]. This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". Embargoes sanctions (CRIMEA - REGION OF UKRAINE, CUBA, IRAN, NORTH KOREA, and SYRIA) prohibit ALL transactions (including imports and exports) without a license authorization. [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. This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. With PreVeil's end . However, there are certain standards companies are expected follow and comply with. 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. 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. If you are using public inspection listings for legal research, you Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). 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 documents in the last year, 274 [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. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. While political debate over the wisdom of placing all satellite and launch technology on the US Munitions List (USML) has been ongoing since the advent of ITAR regulation in 1999, there has been a shift in political opinion since 2007. an export license, such as a DSP-5 (Department of State Publication No. These tools are a consolidation of multiple export screening lists of the Departments of Commerce, State, and the Treasury and may be used as an aid to industry in conducting electronic screens of potential parties to regulated transactions. Contact the Bureau of International Security and Non-proliferation. 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. ATTN: Regulatory Change, ITAR 126.1 Russia. documents in the last year, 1401 Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. Until 19961997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.[5] Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. 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. [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. 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]. 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. u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. [42] Failure to do so can significantly increase penalties applied by the U.S. [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . This feature is not available for this document. In addition, an exception, valid for six Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. 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. [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". 01/18/2023, 823 In 1998, Congress reclassified satellite technology as a munition and returned it to the control of the State Department under ITAR. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. Contact the Directorate of Defense Trade Controls. 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. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. 553(b), it does not require analysis under the Regulatory Flexibility Act. * * *. 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. by the Farm Credit System Insurance Corporation [21] Registration fees start at US$2,250 per year. 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. This rulemaking does not impose or revise any information collections subject to 44 U.S.C. [103], In May 2014, the United States Department of State reclassified satellites and several related components so they will no longer be treated as munitions whose export is controlled by ITAR, but will be covered instead under the Export Administration Regulations. 22 U.S.C. 2. Government. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. part 510; the Iran Freedom and Counter-Proliferation Act of 2012; the Iranian Financial Sanctions Regulations, 31 C.F.R. 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. 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. daily Federal Register on FederalRegister.gov will remain an unofficial [60], While satellite technology had been subjected to ITAR since 1999, the U.S. had seen its share of global satellite manufacturing halved with, according to the Aerospace Industries Association, an estimated loss of $21 billion in revenue from 1999 to 2009.[19]. These can be useful Where is OFAC's country list? 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 . Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. Federal Register provide legal notice to the public and judicial notice [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. the material on FederalRegister.gov is accurately displayed, consistent with 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. 39 - 22 CFR Parts 120 . 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. While every effort has been made to ensure that [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. "[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. Each document posted on the site includes a link to the 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). 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. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC)

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