Transcript INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAL)

Presented by:
Richard L. Furman
The ITAR are the regulations written
to enforce the Arms Export Control
Act, which is intended to regulate the
export and import of defense articles,
technical data and defense services.
The ITAR is administered by the
United States Department of State,
Directorate of Defense Trade
Controls (DDTC).
If a commodity is listed subject to the
ITAR it may only be exported if a Export
license is issued by the DDTC.
A license may only be issued to a “U.S.
person”, with a few exceptions.
To determine if a license is required:
1. Find out if commodity is on the
USML, Part 121 of the ITAR.
2. If not file a Commodity
Jurisdiction request with the
DDTC.
3. If commodity is subject to the
ITAR you must be registered with
the UDTC.
4. Registration is required if you
engage in the U.S. in the
business of manufacturing,
exporting or temporarily
importing defense articles or
furnishing of defense services.
Registration does not confer any export privileges,
but it is a prerequisite to export licensing approval.
Even engaging in manufacturing or exporting or
temporarily importing defense articles, or furnishing
defense services on only one occasion must register.
Registering is a simple process. Just complete a
Department of State form DS-2032 online and pay the
required fee. The current fee for first time registrants
is $2,250, renewals are $2,750.
REGISTRATION con't.
For registrants that have submitted and received
favorable authorization of ten or fewer license
applications or request for authorizations during a 12
month periods the fee is $2,750, plus $250 times the
total number of applications over 10. In certain
instances the fee will be 3% of the total value of all
applications or $2,750, whichever is greater.
REGISTRATION con't.
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The average review time for a registration request is
45 days. It is recommended that an online
application be submitted 60 days in advance of the
an intended initial shipments or any renewal.
A unique registration code will be assigned once
the registration is approved.
The code is unique to the registrant and should not
be posted online or given out freely to the public.
New and renewal registrations are valid for 12
months from date of issuance.
•Guns and Armament.
•Ammunition/Ordnance.
•Ground Vehicles.
•Aircraft and Related Articles.
•Military Training Equipment.
•Surface Vessels of War and Special Naval Equipment.
•Firearms, Close Assault Weapons and Combat
Shotguns.
•Personal Protective Equipment.
•Launch Vehicles, Guided Missiles, Ballistic Missiles,
Rockets, Torpedoes, Bombs , and Mines.
•Explosives and Energetic Materials, Propellants,
Incendiary Agents, and Their Constituents.
• Military Electronics.
 Materials and Miscellaneous Articles.
 Toxicological Agents, Including Chemical Agents,
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Biological Agents, and Associated Equipment.
Spacecraft Systems and Associated Equipment.
Nuclear Weapons Related Articles.
Classified Articles, Technical Data, and Defense
Services Not Otherwise Enumerated.
Directed Energy Weapons.
Gas Turbine Engines and Associated Equipment.
Submersible Vessels and Related Articles.
Articles, Technical Data, and Defense Services Not
Otherwise Enumerated.
1. Temporary imports of defense articles are
subject to the DDTC’s jurisdiction.
2. Permanent imports of defense articles are
under the control of Alcohol Tobacco and
Firearms (ATF).
3. A temporary license issued by DDTC is required
for import and subsequent export of defense
articles.
• The DDTC may issue a license for
the temporary export of unclassified
defense articles, exported for a
period of less than 4 years and
returned to the United States.
• You
may not transfer title the
articles during that period.
•Department of State approval of a license
application is required prior to the export
of defense articles or defense services.
• About 30 percent of the applications
processed by the State Department are referred
to other offices and agencies (e.g., the
Department of Defense) for comment and
recommendations. This is what is referred to as
“staffing” the case.
• During the review process, a computerized review of all
parties to the proposed transactions is made against a “watch
list” of known or suspected export violators. A “match”
results in a full compliance review by the State Department
before final action is taken on the application.
• In addition to sorting through detailed technical
specifications, the license application review process clarifies
the ultimate end-use and end-user of the defense export, as
well as facts related to intermediate handling.
• From the enforcement point of view, the review process
provides an avenue to prevent or eliminate diversions,
and to assist the U.S. Government in investigations and
prosecutions should an export violation be suspected or
reported.
• In submitting license applications, companies must
certify eligibility to export and an understanding of the
laws governing such exports. Moreover, in carrying out the
physical act of exporting, they must meet certain conditions in
terms of documentation (electronic reporting of export
information using the Automated Export System, “AES”) and
handling (particularly of classified material).
• Exporters must make clear on shipping documents that
the defense export cannot be resold or retransferred
without prior U.S. Government authorization – a
licensing requirement that also involves compliance
issues.
To learn more about licensing, and to view the various
licensing forms, please visit the D-Trade Info Center
and the “Licensing” page on DDTC’s Web site.