International Traffic in Arms Regulations

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The International Traffic in Arms Regulations (ITAR)

The U.S. International Traffic in Arms Regulations (ITAR) governs the export of defense-related articles and services on the United States Munitions List (USML) and imposes strict penalties on any exports that do not comply with these rules.

April 11, 2012 – ITAR Freight Forwarder Update: Schenker AG and BAX Global Removed from EPLS

The removal from the EPLS took place after the the companies presented to the Department of the Air Force information to demonstrate the companies’ present responsibility to conduct business as a federal contractor. After consideration of that information the Air Force today determined that suspension or debarment of the companies was no longer necessary. As a result, the proposed and mandatory debarments have been terminated and both entities have been removed from the EPLS. As we previously noted, Schenker Inc. was never included on the EPLS and DDTC had continued to issue licenses including that entity.

Because the Schenker AG entities are no longer considered to be “ineligible” parties under section 120.1(c) of the ITAR, there should be no further need for exporters to submit a “transaction exception” request to DDTC for pending or future ITAR authorizations involving any of the freight forwarders that were added to the EPLS on February 16, 2012:

• CEVA Logistics LLC (removed from EPLS on February 24, 2012)
• EGL Inc. (now owned by CEVA Logistics) (removed from EPLS on February 24, 2012)
• Kuehne and Nagel International AG (removed from EPLS in March 2012)
• Panalpina Welttransport (Holding) AG (removed from EPLS on March 16, 2012)
• Panalpina Inc. (removed from EPLS on March 16, 2012)
• Schenker AG (removed from EPLS on April 11, 2012)
• BAX Global Inc. (now part of DB Schenker) (removed from EPLS on April 11, 2012)

Source: International Trade Law News

On May 16, 2011, the United States’ (U.S.) Department of State published a new rule, to take effect on August 15, 2011, amending the treatment of dual- and third-country nationals under the International Traffic in Arms Regulations (ITAR). The new rule is introducing a new exemption, section 126.18, which now instructs that the transfer of defence articles and services, as well as technical data (within an approved foreign end-user or consignee), including the transfer to its dual- and third-country national employees, is permitted, subject to some conditions.

• The end-user must implement “effective procedures to prevent diversion to destinations, entities, or for purposes other than those authorized by the application export license or other authorization (e.g. written approval or exemption) and must comply with U.S. laws and regulations (including ITAR).” The end-user can meet the requirements of that exemption by conducting a security clearance approved by the host national government for its employees, or by implementing a process to screen its employees for substantive contacts with restricted or prohibited countries listed in section 126.18 of the ITAR.

• International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the export and import of defense-related articles and services on the United States Munitions List (USML).
• These regulations 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.
• The Department of State interprets and enforces ITAR. Its goal is to safeguard U.S. national security and further U.S. foreign policy objectives.
• For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military related technologies (for items listed on the U.S. Munitions List) may only be shared with U.S. Persons unless authorization from the Department of State is received or a special exemption is used.
• U.S. Persons (including organizations) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign (non-US) persons with access to ITAR-protected defense articles, services or technical data.
• The list of ITAR-controlled defense articles, services and technology (collectively “USML items”) changes. Until 1996–1997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.
• Another change occurred as a result of Space Systems/Loral’s conduct after the February 1996 failed launch of the Intelsat 708 satellite. The Department of State charged Space Systems/Loral with violating the Arms Export Control Act and the ITAR. As a result, technology pertaining to satellites and launch vehicles became more carefully protected.
• ITAR does not apply to information related to general scientific, mathematical or engineering principles that is commonly taught in schools and colleges or information that is (legitimately) in the public domain.
• Nor does it apply to general marketing information or basic system descriptions.
• These exceptions must, however, be treated with extreme caution: college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students and companies have been penalized for alleged breaches of the AECA where they allegedly failed to properly remove USML items from material used to market defense articles.
• The U.S. Government has also taken action (albeit unsuccessfully) for the export of technical data that was (allegedly) already publicly available on the Internet.

US Department of State – Directorate of Defense Trade Controls (DDTC)

• More information concerning Department of State responsibility for the control of the permanent and temporary export and temporary import of defense articles and services can be accessed via ITAR (International Traffic in Arms Regulations) Law & Regulation
• The various sections of the United States Code that constitute the AECA can be accessed via AECA (Arms Export Control Act) Law & Regulation
• For your convenience and general reference, DDTC provides the following version of the regulations ITAR Consolidated List
• More information on DDTC proposed rules can be accessed via Proposed Rules
• DDTC Compliance Program Guidelines ITAR & AECA Compliance Program Guidance
• DDTC Chart that should be consulted regularly to ensure up-to-date awareness of country policies. Overview of Country Policies and Embargoes

ITAR page on Wikipedia.org

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