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. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. Department of the Treasury Office of Foreign Assets Control. [citation needed] Restrictions were loosened on 36 countries, strict controls remained on another 150 countries, and exports remained prohibited to 20 countries. developer tools pages. 13637, 78 FR 16129. The Public Inspection page may also The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. This site displays a prototype of a Web 2.0 version of the daily 01/18/2023, 41 The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add Cambodia in the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services. University interpretation and up-to-date understanding of export control regulations and willingness to seek opinions from the U.S. State Department affect the research that can be conducted on their campuses; for example, the University of Michigan successfully obtained an opinion from the Department of State stating that satellite development work on an (at the time) ITAR-controlled satellite being conducted by a student group containing both U.S. and non-U.S. citizens was considered fundamental research and was allowed to proceed. will also penalize U.S. companies for breaches of ITAR caused by their overseas subsidiaries; is critical of companies that have not implemented effective export compliance programs; the prosecution of Dr J Reece Roth of the University of Tennessee in 2008 for breaches of ITAR as a result of access to USML items by a PRC graduate student; the prosecution of Yen Ching Peng, a Taiwanese national, in the U.S. in 2008 for breaches of ITAR as a result of attempts to export, the indictment of 3 men, 2 U.S. nationals and a Vietnamese national, in 2008 on charges of illegally exporting, ITAR controls, as well as separate policy concerns, have hampered international cooperation in development of the, For the F-X2 program, the Brazilian government have chosen the French, in 2006, the U.S. Government refused to authorize the sale of, Third Country National: An individual holding nationality from a country or countries other than the country of the foreign signatory to the agreement; and. On March 1, 2021, the Secretary of State determined pursuant to Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) that the Government of Russia used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. The lists on this page deal with WHERE and TO WHOM items, information or software is going. Defense-related articles and services on the United States Munitions List (USML)[2] are covered by the ITAR, which 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. [90][91], This means that a person who was born in the UK but is a U.S. permanent resident working in the U.S. for a U.S. company will be considered a U.S. person only (under the definition of "US person"). As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. [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. L. 112-74; E.O. This site contains PDF documents. The exemptions provided in this subchapter, except 123.17, 126.4 (a) (1) or (3) and (b) (1), and 126.4 (a) (2) or (b) (2) when the export is destined . The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. [102] However, the U.S. Department of State did not accept the ITAR-free status of these satellites and fined the US company Aeroflex $8 million for selling ITAR components. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. 01.13.2017 ITAR Guide for the Firearms Industry By: Thomas B. McVey, Camden R. Webb & Charles E. "Chuck" James, Jr.. (2) Prior to September 1, 2021, for commercial space launches. 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. 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). [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). documents in the last year, by the International Trade Commission 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. documents in the last year, 12 This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. Use the Consolidated Screening List Search Engine. March 17, 2021 The U.S. State Department today released for publication in the Federal Register a final rule amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of countries for which the United States will deny licenses and other approvals for exports and/or imports of defense articles and defense services. 804. Register documents. documents in the last year, 876 39 - 22 CFR Parts 120 . rendition of the daily Federal Register on FederalRegister.gov does not The Department of State charged Space Systems/Loral with violating the Arms Export Control Act and the ITAR. 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. In late 2012, the US Congress passed the 2013 defense authorization bill which, if signed into law, will allow U.S. satellite manufacturers to "be more able to collaborate with international partners and [place] U.S. component makers on a more even footing in the global marketplace. Secure .gov websites use HTTPS on Copyright UC Regents. chapter 35. Munitions List (USML) and allows him to decide which satellite technologies are the most important to protect. Until the ACFR grants it official status, the XML "[60], The political changes in 2012 came after several years of a gradual shift in thinking. Prohibited exports, imports, and sales to or from certain countries. SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST. Federal Register issue. [20], All U.S. manufacturers, exporters, and brokers of defense articles, defense services, or related technical data, as defined on the USML, are required to register with U.S. Department of State. Export Controls". ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, Director, Office of Directives Management, Department of State. Administered by the US Department of State, ITAR imposes controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items - also known . 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. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. [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. All the tools are updated automatically every day at 5:00 AM EST/EDT. For the Russian news agency, see, International Traffic in Arms Regulations, Restrictions on Retransfer to Dual Nationals and Third Country Nationals, Harm to U.S. commercial and academic interests, Academic work and the "Fundamental Research Exemption", Restrictions on Dual and Third Country Nationals. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). The Department of State defines Dual and Third Country Nationality as follows: Although "nationality" is not defined under ITAR, it is accepted that the U.S. Government will take country of origin[27] and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality. Which countries are ITAR restricted? equipment. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students[9] and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles. the material on FederalRegister.gov is accurately displayed, consistent with Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications A lock ( In order to take additional steps to address such use of chemical weapons, the 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. of the issuing agency. an export license, such as a DSP-5 (Department of State Publication No. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. Each document posted on the site includes a link to the Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . This prototype edition of the The ITAR contain a list of defense articles called the US Munitions List ("USML"), which can be found at 22 CFR 121.1. Additionally, Customs and Border Protection Officers, also under the Department of Homeland Security, inspect imports and exports at U.S. Border Crossings and International Airports and enforce import and export regulations. Check if products are on US Munitions list (USML). The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. [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. headings within the legal text of Federal Register documents. has no substantive legal effect. 01/18/2023, 249 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. Contact the Office of Foreign Assets Control. 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. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. on On February 2, 2022, the Department of State published a proposed rule that, most significantly, would amend provisions of the International Traffic in Arms Regulations ("ITAR") affecting how the nationality of foreign persons is determined for purposes of deemed exports/reexports. 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]. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. on Export Enforcement Actions in the Past Year", "The Defense Trade Cooperation Treaties with the United Kingdom andAustralia Advance the American Interest | The Heritage Foundation", "Chinese Rocket Launches French Communications Satellite Into Orbit | China Rocket Launches & Satellites | China Space Program", ITAR free SPACEBUS 4000B2: avionic block diagram, "INITIATIVE FOR A RENEWED TRANS-ATLANTIC PARTNERSHIP, A WORKING PAPER, TRUSTED PARTNERS: SHARING TECHNOLOGY WITHIN THE U.S.-UK SECURITY RELATIONSHIP", "Australia: Background and U.S. Relations", "The Seattle Times: Business & Technology: Separation anxiety: The wall between military and commercial technology", "Brazilian brigadier bashes US defense export policies on YouTube | The DEW Line", "Brazil favors France's Rafale jet minister", "Minutes of the October 21, 2008 Plenary Session", "Love Rocks: CASA's $600M Venezuelan Plane Sale Hits Heavy Turbulence, Crashes", "Venezuela EUA Impedem Embraer de vender Super Tucanos Venezuela Defesa@Net", "Military of Venezuela profile. These tools are designed to help you understand the official document In addition to the embargoed countries, ITAR proscribes additional non-embargoed countries that are prohibited from receiving defense articles or technical data on the International Traffic in-Arms (ITAR) U.S. Use the PDF linked in the document sidebar for the official electronic format. 01/18/2023, 159 The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. APDF readeris available from Adobe Systems Incorporated. documents in the last year, 534 We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. [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. (2) Classified information relating to defense articles and defense services on the U.S. The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. documents in the last year, 28 European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. [33], In addition, the prohibition on access by Dual and Third Country Nationals from countries proscribed under ITAR 126.1 can cause problems for countries with large immigrant populations from those countries (such as Canada and Australia, which both have large Overseas Chinese and Overseas Vietnamese immigrant populations: see immigration to Canada and immigration to Australia). legal research should verify their results against an official edition of A .gov website belongs to an official government organization in the United States. Components, parts, and accessories for the M4 are in paragraph (h): (h) Components, parts, accessories and attachments for the articles in paragraphs (a) through (g) of this category. The study, known as the 1248 report, was completed in April 2012. Munitions List) may only be shared with US persons unless authorization from the Department of State is received to export the material or information to a foreign person. 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