Those terms in quotation marks refer to terms used on the commerce control list ccl supplement no. Examples of prohibited enduse include restrictions on certain. Manual completion of german enduse certificates bafa. Under the international traffic in arms regulations itar, 22 c. The changes from 81 fr 54732 will go into effect on 15 november 2016. Watch export webinars complete guide to export procedures.
These apply to commercial products that have some use in the military or intelligence area. This manual is an example and is intended only as a guide. Prevention is truly the best option here, and end user training is a huge step in that direction. Due to the fact that the information available is usually very vast, inconsistent or ambiguous. The international traffic in arms regulations itar in the simplest terms, the itar regulates the export of defense articles and defense services.
Do your policies still say specifically designed, modified or configured for military use. One important point is that a us person working for a foreign employer must be considered a foreign person. Embargoed and sanctioned countries office of trade. The following are definitions of terms as used in the export administration regulations ear. This applies to anything intended for defenserelated applications or military enduse. The first cornerstone concept under itar itar contains a list of products called the u. Change in end use is within the prior definition of reexportretransfer that.
Australian best practice guide for the management of controlled. Definition of terms part 772page 6 export administration regulations bureau of industry and security march 9, 2020 technical note at the end of category 4 of the commerce control list. That language has been replaced by specially designed which is now defined in the itar. Munitions list of the international traffic in arms regulations itar. The acep voting members include the assistant secretary of.
However, dont make the mistake of believing that just because your product is not a rocket, missile or bomb, the itar doesnt apply. Tax and duty manual enduse procedure maximum value of goods which may be under end use at a given point in time the control officer will establish from the company records the maximum value of goods under end use at a given point in time over the previous. It is important to understand that the itar designation is unrelated to us use of a controlled item. It is the policy of boston university bu or university to comply with u. International traffic in arms regulations itar the itar requires. Important itar definitions in order to understand the requirements of the itar it is important to understand. If you look down the list, you will see that the majority of headings a lot. International traffic in arms regulations itar3 under the itar, ddtc administers the export and reexport of defense.
In conclusion, this is not a guide 100% itar compliance. Upon obtaining the necessary details about export e. Frequently asked questions on export control scenarios. It includes procedures for assisting countries in fulfilling department of state dos requirements prior to retransfers, changes of enduse, or disposals. A lot of documentation is available for users to help them understand and properly use a certain product or service. What is controlled category i firearms, close assault weapons and combat shotguns category ii guns and armament. In this part, references to the ear are references to 15 cfr chapter vii, subchapter c. This document includes embedded hyperlinks for additional information.
In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 477 of the arms export control act and constitute the u. The department of state directorate of defense trade controls administers the international traffic in arms regulations itar 22 c. Dual use export licensing under the ear itar export. Bis enduse monitoring program managed by the office of. Export control compliance manual northeastern university. Proliferation of weapons of mass destruction and their means of delivery nuclear. Itar, or international traffic in arms regulations, are export control regulations overseen by the united states department of state dos.
If your product is on the list, everything else flows from this. International emergency economic powers act, or the regulations that implement those statutes the itar and the ear. For any revisions, corrections, or modifications of this document, contact the office of international and interagency relations at headquarters. It is our hope that this guide will help the exporter be aware of u. Section 120 of the itar gives the definitions for items like technical data, a us person, a foreign person, an export, etc. Enduse must be confirmed and should not be assumed. International traffic in arms regulations or itar, which is administered by the state department. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. The itar controls not only end items, such as radar and communications systems, military encryption and associated equipment, but also the parts and components that are incorporated into the end item. The annotated itar office of the vice president for research. International traffic in arms regulations wikipedia. Both the itar and the ear create license requirements for exports and. Paragraphs a1 through 3 of this section describe or explain the elements. These specific items are controlled under the itar even though they are not being used in any military activity.
Munitions list usml if your product is on this list, it is subject to these controls. The dos uses these regulations to control items on united states munitions list or the missile technology control regime. Chapter 8, enduse monitoring eum, describes the golden sentry eum plan and procedures for routine and enhanced eum of defense articles and services provided by the usg to partner nations. Do your policies have an itar definition for release.
That means screening your customers against denied party lists and watching for red flags. Dual use export licensing under the ear under the export administration regulations ear, the bureau of industry and security of the us department of commerce regulates the export of commercial items that have both commercial and military applications, or that otherwise have strategic value to the united states. Enduse monitoring and effective export compliance bis. Technology includes technical data, such as blueprints and manuals, as well as services including the transfer of knowledge and.
Under both the international traffic in arms regulations itar and the export administration regulations ear, the ability of persons or entities to release of controlled technology and technical data to foreign persons including those physically located within the united states is significantly limited without relevant licensing andor authorization. Changes still continue to be fluent in the export arena with steppedup enforcement actions in the u. Changes in designations are published in the federal register. Export control reform and revisions to definitions under.
Nsdd 189 does not exempt any research, whether basic, fundamental, or applied, from statutes that apply to export controls such as the arms export control act, the export administration act of 1979, as amended, or the u. International traffic in arms regulations itar is a united states regulatory regime to restrict. Building an effective end useend user screening program. The international traffic in arms regulations itar are part of a web of laws and regulations prohibiting u. International traffic in arms regulations itar is a united states regulatory regime to restrict and control the export of defense and military related technologies to safeguard u. Blue lantern monitors the enduse of commercially exported defense articles, defense services, and related. Procedure when an itar controlled itemtechnical data is to be used or transferred for an enduse not included in the state department authorization. Export compliance program policies and procedures manual. It also adds administrative clarifications for some of the changes made in revision 4. Parenthetical references following the terms in quotation marks i.
The substance of this definition is not new to the itar, but it does make. Procedure when itar controlled technical data or defense articles are transferred from mks to a foreign person outside of the u. Enduse definition of enduse by the free dictionary. This work may be freely distributed without compensation to the author, although attribution to bartletts annotated. End user the person abroad that receives and ultimately uses the exported or. Use with the itar cdrom by customs compliance consulting inc. Safeguards to implement for orders and shipments, and when to terminate the relationship because of. The international traffic in arms regulations itar and the export administration regulations ear are two important united states export control laws that affect the manufacturing, sales and distribution of. This eseminar series provides both novice and experienced export compliance professionals with a comprehensive education on complying with regulations administered by the us departments of state, commerce and treasury, and what the recent changes mean for their compliance programs. This platform automatically and transparently secures files with endtoend encryption, granular access controls, and multifactor authentication. Start printed page 35615security program operating manual nispom.
It does not purport to address all relevant trade compliance issues itar regulations 120 that may apply to a companys exporting activities. The ultimate application for which a product has been designed. This is a guide to help exporters understand their main responsibilities in todays u. Definition of export no changes to scope, but ddtc revised definition to align with ears definition moved activities associated with movement or release of defense articles outside u.
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