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ITAR – Directorate of Defense Trade Controls (USA)
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.
This chart does not include all US policies toward foreign countries for the export of defense articles and defense services. It includes certain policies published in the US Federal Register, an official U.S. Government publication that should be consulted regularly to ensure up-to-date awareness of country policies. Update September 22, 2010
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