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. The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. establishing the XML-based Federal Register as an ACFR-sanctioned Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. These can be useful publication in the future. International Traffic in Arms Regulations (ITAR), US Department of State's Directorate of Defense Trade Controls, Defense articles and defense services (providing critical military or intelligence capability). [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. 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 This site displays a prototype of a Web 2.0 version of the daily For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. Accordingly, Executive Order 13175 does not apply to this rulemaking. documents in the last year, 973 01/18/2023, 159 Even U.S. companies have expressed interest in ITAR-free technology. U.S. Department of Commerce CSL Application Programming Interface (API). TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. These links are also embedded into the CSL search engine and CSL downloadable files. The first step a company should take is to register with the State Department. Until the ACFR grants it official status, the XML L. 111-117; Pub. These markup elements allow the user to see how the document follows the 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. rendition of the daily Federal Register on FederalRegister.gov does not [97][99], After the failed launches of Apstar 2 (1995) and Intelsat 708 (1996), both on Chinese rockets, the satellite insurance companies required the satellite manufacturers to work with China to investigate the failures. [22], Under ITAR, a "US person" who wants to export USML items to a "foreign person" must obtain authorization from the U.S. Department of State before the export can take place.[3]. the current document as it appeared on Public Inspection on Use the PDF linked in the document sidebar for the official electronic format. Please type the text you see in the image into the text box and submit An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation. In this Issue, Documents 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. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. The Directorate of Defense Trade Controls (DDTC) in the Bureau of Political-Military Affairs at the U.S. Department of State implements the ITAR including the United States Munitions List (USML). [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. documents in the last year, 12 The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. that agencies use to create their documents. an export license, such as a DSP-5 (Department of State Publication No. This feature is not available for this document. This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. [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. L. 111-266; Sections 7045 and 7046, Pub. The prohibition on Retransfer stems from the requirement for all export authorizations to include the statement that "[t]he technical data or defense service exported from the United States in furtherance of this agreement and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained."[30]. 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. (2) Prior to September 1, 2021, for commercial space launches. This is frequently the case where the individual's parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada to parents who were born in the UK is able to obtain a British passport (see British nationality law). [FR Doc. This PDF is Screen potential buyers and end-users to comply with U.S. Government regulations. [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). 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]:120.16 This means that, for example a foreign person who is visiting the U.S. will remain a foreign person for the purposes of ITAR and any export of USML items to them inside the U.S. must be subject to an export authorization. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. 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. [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. 2. [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. 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. ATTN: Regulatory Change, ITAR 126.1 Russia. 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. [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. corresponding official PDF file on govinfo.gov. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. developer tools pages. 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. ITAR Proscribed Countries Afghanistan, Belarus, Burma (Myanmar), Central African Republic, China, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe Organizations There are two primary lists: The Public Inspection page 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. The ITAR Regulatory Framework 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. More information and documentation can be found in our However, there are certain standards companies are expected follow and comply with. Export Controls". [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. 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. 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. (ITAR) - 22 U.S.C. 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