International Traffic in Arms Regulations
Encyclopedia
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 Directorate of Defense Trade Controls
(DDTC) 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 vehicle
s 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.
with USSR and were intended to implement unilateral arms export controls that reflected those imposed on Eastern Bloc
countries by the multilateral Coordinating Committee for Multilateral Export Controls.
U.S. Government enforcement activities have increased dramatically since 1999., when the U.S. Department of State took over export regulations for satellites. The U.S. Department of State has published 29 instances of Consent Agreements (agreements entered into by parties charged with breaches of ITAR) since 1999. This compares to 12 Consent Agreements in the preceding 22 years. ITAR’s prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see “Controversy” below).
ITAR's impact of increased regulations also meant America's worldwide market share in satellite technology declined from 83 percent to 50 percent in 2008, states The Economist
, which cited a report from Space Review.
Under ITAR, a “US person” who wants to export USML items to a “foreign person” must obtain authorization from the U.S. Department of State before the export can take place.
A "U.S. person" can be
A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. This means that, for example a foreign person who is visiting the U.S. will remain a foreign person for the purposes of ITAR and any export of USML items to them inside the U.S. must be subject to an export authorization. This is similar to the concept of “Deemed Exports” used by the Bureau of Industry and Security
within the Department of Commerce in administration of the Export Administration Regulations
although the Department of State does not use the term “Deemed Export” (see also “Restrictions on Dual and Third Country Nationals below”)).
The export authorization may take the form of:
Where the export authorization relates to USML items that are classified information
or are identified as “Significant Military Equipment” on the USML, a DSP-83 Nontransfer and Use Certificate will also be required.
Collaborative programs (also known as “Armaments Cooperative Projects” (“ACPs”)) between the U.S. and foreign Governments (such as the Joint Strike Fighter) may also authorize export of USML items (subject to strict controls).
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."
This means that if, for example, a foreign person wants to Retransfer a USML item to another foreign person (such as a subcontractor), both foreign persons must be authorized under the relevant export authorization:
Where a foreign person requires access to USML items exported under a specific export authorization, but that foreign person is not authorized under the export authorization, the export authorization must be amended and re-approved by the U.S. Department of State. This can be a time-consuming process.
If a U.S. export authorization is silent as to access by Dual and Third Country National employees of a foreign party, the authorization has the effect of limiting access to employees who are nationals only of the country of their employer. This means that, for example, a TAA that includes a UK company as the foreign person, but which does not include clauses authorizing access by Dual and Third Country Nationals will limit access to USML items supplied under the TAA to employees of the UK company who are UK citizens only.
This can cause significant problems for foreign governments and organizations from countries with large first generation
immigrant populations (which is discussed in more detail under “Controversy”). As a result, the U.S. Government and the Australian Government have drawn attention to the importance for U.S. companies to consult closely with foreign persons who will be subject to a U.S. export authorization before it is submitted to the U.S. Department of State for approval.
Clauses approved by the U.S. Department of State must be included in TAAs and MLAs in order to authorize access to USML items by Dual and Third Country National employees of foreign parties to the export authorization. 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). Employees of foreign persons holding Dual or Third Country Nationality from countries proscribed under ITAR 126.1, such as Vietnam
, the Peoples Republic of China (“PRC”), North Korea
, Syria
and Iran
, will, as a general rule, not be authorized to have access to USML items. It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s.
as a result of the unauthorized Retransfer of night vision
technology to the PRC in 2007. Other major U.S. defense contractors penalized for alleged breaches of ITAR in recent years include (among others) Lockheed Martin
, Motorola
, Boeing
, L-3 Communications
, and Northrop Grumman
.
In most cases, penalties against corporate entities involve a mandatory compliance component requiring the entity to spend funds on compliance measures, including the appointment of “Internal Special Compliance Officers.” Penalties may also require the party to submit to external audit. In serious cases, a party may be debarred from future exporting for a period of time.
U.S. Government policy also imposes a positive obligation on U.S. companies to fully disclose any breaches of ITAR to the U.S. Government. Failure to do so can significantly increase penalties applied by the U.S. Government.
The U.S. Government:
The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. 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. Blue Lantern “monitors the end-use of commercially exported defense articles, defense services, and related technical data subject to licensing or other authorizations under section 38 of the AECA.” Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. Unfavorable Blue Lanterns are reviewed by DTCC’s Enforcement Division. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation.
Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.
Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain.
and the UK) to procure defense equipment from other sources that may not be interoperable with U.S. equipment. Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. U.S. companies point to announcements in Europe by TAS (Thales Alenia Space
) promoting their "ITAR-free" telecommunication satellites. Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects.
Currently, officials at the Department of State dismiss the burden on industry and educational institutions as minor compared to the contributions to national security provided by ITAR. They also view the announcements of "ITAR-free" items as anecdotal and not systemic.
There is evidence that ITAR considerations have been a factor in decisions by foreign governments to avoid U.S. products and decisions by U.S. companies to remove USML items from their products:
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It is open to the U.S. Government to refuse to authorize Retransfer of a foreign product that includes USML items:
As a consequence of the blocking of these sales, Venezuela has subsequently purchased aircraft and other military hardware from Russia
and Belarus
.
Although “nationality” is not defined under ITAR, it is accepted that the U.S. Government will take country of origin and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality.
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”). If, however, the same person emigrated to Canada
, obtained Canadian citizenship and commenced employment with a Canadian company, they would be treated as a Canadian-UK Dual National for the purposes of any U.S. export authorization to which their employer was a party. If that person did not obtain Canadian citizenship but instead became a temporary or permanent Canadian resident, they would be treated as a UK Third Country National for the purposes of any U.S. export authorization to which their employer was a party.
It is also possible for a person who was born in one country to become a Dual National for the purposes of ITAR without necessarily leaving their country of origin, simply by obtaining a foreign passport (thereby “holding nationality” from another country). This is frequently the case where the individual’s parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada
to parents who were born in the UK is able to obtain a UK passport (see British nationality law
). Once they have done so, they become an Canadian-UK Dual National for the purposes of ITAR.
Restrictions on access to USML items by Dual and Third Country National employees of foreign persons essentially forces foreign persons to discriminate against their employees who do not meet the nationality criteria under an export authorization. Such discrimination may be illegal in some countries under anti-discrimination law
(such as in Canada
and Australia
).
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
).
The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals:
It is important to note that, in both cases, theoretical access to the USML items overseas or by foreign persons is sufficient to constitute a breach of ITAR. Files on a laptop carried overseas do not need to be opened overseas and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur.
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.
Canada is the recipient of an ITAR exemption related to the 1963 Defense Development Sharing Arrangement with the U.S. Government. This exemption was effectively suspended by the U.S. Government in 1999 over concerns related to the employment of Dual and Third Country Nationals by Canada and Canada’s refusal to ban defense exports to countries proscribed by the U.S. (among other factors). The exemption was only regained, after considerable effort by the Canadian Government, in 2001.
Attempts by the UK Government to obtain a similar exemption were also stymied. The UK Government sought an exemption in the context of the JSF project. The Clinton administration promised the United Kingdom
's Ministry of Defence
that an ITAR waiver would be given, allowing greater technology transfer associated with the project. Yet, despite the backing of the Bush administration, the waiver was repeatedly blocked by the late U.S. Congressman Henry Hyde
because of his security concerns about potential technology transfer to third countries. Congressman Hyde retired from Congress in January 2007 and he subsequently died from complications following open heart surgery in November 2007. With his departure, ITAR-related impacts regarding the F-35 / JSF program remain in flux. These difficulties caused the UK to threaten that it would abandon the JSF project and consider alternative aircraft.
The U.S. Government signed bilateral Defense Trade Cooperation Treaties with the UK and Australian Governments in June and September 2007 respectively. The treaties are designed to allow the exchange of technical data, defense articles and defense services (including USML items) without the need for export authorizations such as TAAs and MLAs, subject to restrictions on the type and classification of the technology in question and its intended end-use. In return, the UK and Australian Governments will be required to take steps to improve their export control laws (such as the Australian Customs Act). As of September 2008, the U.S. Senate Foreign Relations Committee had deferred consideration of the Treaties on the grounds that it had not had time to properly evaluate proposed amendments to ITAR required in order to implement the Treaties.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government regulations that control the export
Export
The term export is derived from the conceptual meaning as to ship the goods and services out of the port of a country. The seller of such goods and services is referred to as an "exporter" who is based in the country of export whereas the overseas based buyer is referred to as an "importer"...
and import
Import
The term import is derived from the conceptual meaning as to bring in the goods and services into the port of a country. The buyer of such goods and services is referred to an "importer" who is based in the country of import whereas the overseas based seller is referred to as an "exporter". Thus...
of defense-related articles and services on the United States Munitions List
United States Munitions List
The United States Munitions List is a list of articles, services, and related technology designated as defense-related by the United States federal government. This designation is pursuant to sections 38 and 47 of the Arms Export Control Act...
(USML). These regulations implement the provisions of the Arms Export Control Act
Arms Export Control Act
The Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense...
(AECA), and are described in Title 22 (Foreign Relations), Chapter I (Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
), Subchapter M of the Code of Federal Regulations
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
. The Department of State Directorate of Defense Trade Controls
Directorate of Defense Trade Controls
Bureau of Political Military Affairs' Directorate of Defense Trade Controls is the organization within the U.S. Department of State responsible for enforcing the International Traffic in Arms Regulations. In accordance with 22. U.S.C...
(DDTC) 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
Cryptography
Cryptography is the practice and study of techniques for secure communication in the presence of third parties...
as arms and prohibited their export from the U.S. Another change occurred as a result of Space Systems/Loral's
Space Systems/Loral
Space Systems/Loral , of Palo Alto, California, is the wholly owned manufacturing subsidiary of Loral Space & Communications. It was acquired in 1990 for $715 million by Loral Corp. from Ford Motor Company as the Space Systems Division of Ford Aerospace...
conduct after the February 1996 failed launch of the Intelsat 708
Intelsat 708
Intelsat 708 was a telecommunications satellite built by the American company Space Systems/Loral intended to be launched into a geostationary orbit and operated by Intelsat...
satellite. The Department of State charged Space Systems/Loral
Space Systems/Loral
Space Systems/Loral , of Palo Alto, California, is the wholly owned manufacturing subsidiary of Loral Space & Communications. It was acquired in 1990 for $715 million by Loral Corp. from Ford Motor Company as the Space Systems Division of Ford Aerospace...
with violating the Arms Export Control Act
Arms Export Control Act
The Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense...
and the ITAR. As a result, technology pertaining to satellites and launch vehicle
Launch vehicle
In spaceflight, a launch vehicle or carrier rocket is a rocket used to carry a payload from the Earth's surface into outer space. A launch system includes the launch vehicle, the launch pad and other infrastructure....
s 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.
History
The AECA and ITAR were enacted in 1976 during the Cold WarCold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
with USSR and were intended to implement unilateral arms export controls that reflected those imposed on Eastern Bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
countries by the multilateral Coordinating Committee for Multilateral Export Controls.
U.S. Government enforcement activities have increased dramatically since 1999., when the U.S. Department of State took over export regulations for satellites. The U.S. Department of State has published 29 instances of Consent Agreements (agreements entered into by parties charged with breaches of ITAR) since 1999. This compares to 12 Consent Agreements in the preceding 22 years. ITAR’s prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see “Controversy” below).
ITAR's impact of increased regulations also meant America's worldwide market share in satellite technology declined from 83 percent to 50 percent in 2008, states The Economist
The Economist
The Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
, which cited a report from Space Review.
Operation
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. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. Registration fees start at USD$2,250 per year.Under ITAR, a “US person” who wants to export USML items to a “foreign person” must obtain authorization from the U.S. Department of State before the export can take place.
A "U.S. person" can be
- a U.S. citizenUnited States nationality lawArticle I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
; - a permanent resident who does not work for a foreign company, a foreign government, or a foreign governmental agency/organization;
- a political asylee;
- a part of the U.S. government, or
- a corporation, business, organization, or group that is incorporated in the United States under U.S. law.
A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. This means that, for example a foreign person who is visiting the U.S. will remain a foreign person for the purposes of ITAR and any export of USML items to them inside the U.S. must be subject to an export authorization. This is similar to the concept of “Deemed Exports” used by the Bureau of Industry and Security
Bureau of Industry and Security
The Bureau of Industry and Security is an agency of the United States Department of Commerce which deals with issues involving national security and high technology. A principal goal for the bureau is helping stop proliferation of weapons of mass destruction, while furthering the growth of United...
within the Department of Commerce in administration of the Export Administration Regulations
Export Administration Act of 1979
The Export Administration Act of 1979 provided legal authority to the President to control U.S. exports for reasons of national security, foreign policy, and/or short supply. However, the 1990 farm bill The Export Administration Act (EAA) of 1979 (P.L. 96-72) provided legal authority to the...
although the Department of State does not use the term “Deemed Export” (see also “Restrictions on Dual and Third Country Nationals below”)).
The export authorization may take the form of:
- a Foreign Military Sales (“FMS”) Case whereby the U.S. Government sells the USML items directly to a foreign government;
- an export license, such as a DSP-5 (Department of State Publication No. 5), which authorizes the temporary or permanent export of defense articles and/or technical data to a foreign person (but not technical assistance or defense services);
- a Warehouse and Distribution Agreement which is an agreement to establish a warehouse or distribution point abroad for defense articles to be exported from the United States for subsequent distribution to entities in an approved sales territory;
- a Technical Assistance Agreement (“TAA”) which authorizes a U.S. manufacturer/service provider to supply defense services to a foreign person (which could involve training or technical discussions regarding U.S. technology); or
- a Manufacturing License Agreement (“MLA”) which authorises a U.S. manufacturer to supply manufacturing know-how related to defense articles to a foreign person.
Where the export authorization relates to USML items that are classified information
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
or are identified as “Significant Military Equipment” on the USML, a DSP-83 Nontransfer and Use Certificate will also be required.
Collaborative programs (also known as “Armaments Cooperative Projects” (“ACPs”)) between the U.S. and foreign Governments (such as the Joint Strike Fighter) may also authorize export of USML items (subject to strict controls).
Restrictions on Retransfer
ITAR also operates to prohibit the “Retransfer” (also called “Re-export”) of items on the USML by foreign persons unless the Retransfer is specifically authorized under the relevant export authorization.This means that if, for example, a foreign person wants to Retransfer a USML item to another foreign person (such as a subcontractor), both foreign persons must be authorized under the relevant export authorization:
- where the export authorization is a FMS Case, the foreign government must have “Third Party Transfer Approval” from the U.S. Government;
- if the export authorization is an export license such as a DSP-5, all foreign parties must be named on the license (for example, some may be “intermediate consignees”); and
- where the export authorization is a TAA or MLA, all foreign recipients must be named as parties to (or as “authorized sublicensees” under) the agreement.
Where a foreign person requires access to USML items exported under a specific export authorization, but that foreign person is not authorized under the export authorization, the export authorization must be amended and re-approved by the U.S. Department of State. This can be a time-consuming process.
Restrictions on Retransfer to Dual Nationals and Third Country Nationals
ITAR treats access to USML items by “Dual-National” and “Third Country National” employees of a foreign organization as a Retransfer to the employees’ other countries of nationality. As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. 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. It does not authorize export to the employee’s country of Dual or Third Nationality.If a U.S. export authorization is silent as to access by Dual and Third Country National employees of a foreign party, the authorization has the effect of limiting access to employees who are nationals only of the country of their employer. This means that, for example, a TAA that includes a UK company as the foreign person, but which does not include clauses authorizing access by Dual and Third Country Nationals will limit access to USML items supplied under the TAA to employees of the UK company who are UK citizens only.
This can cause significant problems for foreign governments and organizations from countries with large first generation
First generation
The term First Generation can refer to:*First generation immigrant, a citizen or resident who is an immigrant or has immigrant parents*Anything of the earliest kind, often used when describing computers or technology....
immigrant populations (which is discussed in more detail under “Controversy”). As a result, the U.S. Government and the Australian Government have drawn attention to the importance for U.S. companies to consult closely with foreign persons who will be subject to a U.S. export authorization before it is submitted to the U.S. Department of State for approval.
Clauses approved by the U.S. Department of State must be included in TAAs and MLAs in order to authorize access to USML items by Dual and Third Country National employees of foreign parties to the export authorization. These clauses will generally permit access by Dual and Third Country Nationals from NATO, EU, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
(subject to certain conditions). Employees of foreign persons holding Dual or Third Country Nationality from countries proscribed under ITAR 126.1, such as Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
, the Peoples Republic of China (“PRC”), North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
, Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
and Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, will, as a general rule, not be authorized to have access to USML items. It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s.
Enforcement
The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. The most notable enforcement action was the $100M penalty applied to ITTITT Corporation
ITT Corporation is a global diversified manufacturing company based in the United States. ITT participates in global markets including water and fluids management, defense and security, and motion and flow control...
as a result of the unauthorized Retransfer of night vision
Night vision
Night vision is the ability to see in low light conditions. Whether by biological or technological means, night vision is made possible by a combination of two approaches: sufficient spectral range, and sufficient intensity range...
technology to the PRC in 2007. Other major U.S. defense contractors penalized for alleged breaches of ITAR in recent years include (among others) Lockheed Martin
Lockheed Martin
Lockheed Martin is an American global aerospace, defense, security, and advanced technology company with worldwide interests. It was formed by the merger of Lockheed Corporation with Martin Marietta in March 1995. It is headquartered in Bethesda, Maryland, in the Washington Metropolitan Area....
, Motorola
Motorola
Motorola, Inc. was an American multinational telecommunications company based in Schaumburg, Illinois, which was eventually divided into two independent public companies, Motorola Mobility and Motorola Solutions on January 4, 2011, after losing $4.3 billion from 2007 to 2009...
, Boeing
Boeing
The Boeing Company is an American multinational aerospace and defense corporation, founded in 1916 by William E. Boeing in Seattle, Washington. Boeing has expanded over the years, merging with McDonnell Douglas in 1997. Boeing Corporate headquarters has been in Chicago, Illinois since 2001...
, L-3 Communications
L-3 Communications
L-3 Communications Holdings, Inc. is a company that supplies command and control, communications, intelligence, surveillance and reconnaissance systems and products, avionics, ocean products, training devices and services, instrumentation, space, and navigation products. Its customers include...
, and Northrop Grumman
Northrop Grumman
Northrop Grumman Corporation is an American global aerospace and defense technology company formed by the 1994 purchase of Grumman by Northrop. The company was the fourth-largest defense contractor in the world as of 2010, and the largest builder of naval vessels. Northrop Grumman employs over...
.
In most cases, penalties against corporate entities involve a mandatory compliance component requiring the entity to spend funds on compliance measures, including the appointment of “Internal Special Compliance Officers.” Penalties may also require the party to submit to external audit. In serious cases, a party may be debarred from future exporting for a period of time.
U.S. Government policy also imposes a positive obligation on U.S. companies to fully disclose any breaches of ITAR to the U.S. Government. Failure to do so can significantly increase penalties applied by the U.S. Government.
The U.S. Government:
- 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; and
- treats breaches of ITAR as a strict liabilityStrict liabilityIn law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
offence and will penalize a successor or purchaser of a company that has breached ITAR as though it was responsible for the breaches.
- 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 night visionNight visionNight vision is the ability to see in low light conditions. Whether by biological or technological means, night vision is made possible by a combination of two approaches: sufficient spectral range, and sufficient intensity range...
technology and laser sights without the appropriate export authorizations; - the indictment of 3 men, 2 U.S. nationals and a Vietnamese national, in 2008 on charges of illegally exporting night visionNight visionNight vision is the ability to see in low light conditions. Whether by biological or technological means, night vision is made possible by a combination of two approaches: sufficient spectral range, and sufficient intensity range...
technology to VietnamVietnamVietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
; and - the prosecution of Chi MakChi MakChi Mak is a naturalized American citizen who worked as an engineer for California-based defense contractor Power Paragon, a part of L-3 Communications. In 2007, Mak was found guilty of conspiring to export sensitive defense technology to China.Mak's defense was that he thought there was nothing...
in 2007 as a result of (among other things) the attempted export of USML items to the PRC (Chi Mak was subsequently sentenced to 24 ½ years in Federal prison).
Since 1990, the U.S. Government has also operated the “Blue Lantern” end-use monitoring program. Blue Lantern “monitors the end-use of commercially exported defense articles, defense services, and related technical data subject to licensing or other authorizations under section 38 of the AECA.” Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. Unfavorable Blue Lanterns are reviewed by DTCC’s Enforcement Division. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation.
Compliance
Because failure to implement an effective export compliance program can be an exacerbating factor in the event of a breach of ITAR, the U.S. Government encourages U.S. exporters to implement internal export compliance programs. The U.S. Government may also require U.S. exporters that are party to an export authorization to develop a “Technology Transfer Control Plan” specific to that export authorization.Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.
Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain.
Harm to U.S. commercial interests
There is an open debate between the Department of State and the industries and academia regulated by ITAR concerning how harmful the regulatory restrictions are for U.S. businesses and higher education institutions. The Department of State insists that ITAR has limited effect and provides a security benefit to the nation that outweighs any impact that these sectors must bear. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. It is apparent that companies and institutions within the affected areas are somewhat stifled by ITAR regulations, in addition to the trade the U.S. economy would receive, and the science technology that it would share, notwithstanding that its restrictions encourage U.S. allies (such as AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and the UK) to procure defense equipment from other sources that may not be interoperable with U.S. equipment. Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. U.S. companies point to announcements in Europe by TAS (Thales Alenia Space
Thales Alenia Space
Thales Alenia Space is an aerospace company born after the Thales Group bought the participation of Alcatel in the two joint-ventures between Alcatel and Finmeccanica, Alcatel Alenia Space and Telespazio.-History:...
) promoting their "ITAR-free" telecommunication satellites. Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects.
Currently, officials at the Department of State dismiss the burden on industry and educational institutions as minor compared to the contributions to national security provided by ITAR. They also view the announcements of "ITAR-free" items as anecdotal and not systemic.
There is evidence that ITAR considerations have been a factor in decisions by foreign governments to avoid U.S. products and decisions by U.S. companies to remove USML items from their products:
- In April 2006, the Australian GovernmentGovernment of AustraliaThe Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
was reported to have chosen EADSEADSThe European Aeronautic Defence and Space Company N.V. is a global pan-European aerospace and defence corporation and a leading defence and military contractor worldwide...
MRH-90NHI NH90The NHIndustries NH90 is a medium sized, twin-engine, multi-role military helicopter manufactured by NHIndustries. The first prototype had its maiden flight in December 1995...
troop-lift helicopters in preference to U.S. SikorskySikorsky AircraftThe Sikorsky Aircraft Corporation is an American aircraft manufacturer based in Stratford, Connecticut. Its parent company is United Technologies Corporation.-History:...
models because “the European bid offered the ADF better access to crucial computer source code than the Sikorsky bid”.
- ITAR controls, as well as separate policy concerns, have hampered international cooperation in development of the F-35 Lightning IIF-35 Lightning IIThe Lockheed Martin F-35 Lightning II is a family of single-seat, single-engine, fifth generation multirole fighters under development to perform ground attack, reconnaissance, and air defense missions with stealth capability...
, also known as the Joint Strike Fighter (JSF). Both the UK and the Australian Governments demanded a guarantee that the U.S. will fully disclose technology needed for the JSF project before they would commit to further involvement in the project. - Concerns over connections between the Boeing 787Boeing 787The Boeing 787 Dreamliner is a long-range, mid-size wide-body, twin-engine jet airliner developed by Boeing Commercial Airplanes. It seats 210 to 290 passengers, depending on the variant. Boeing states that it is the company's most fuel-efficient airliner and the world's first major airliner to use...
and the B-2 SpiritB-2 SpiritThe Northrop Grumman B-2 Spirit is an American heavy bomber with low observable stealth technology designed to penetrate dense anti-aircraft defenses and deploy both conventional and nuclear weapons. The bomber has a crew of two and can drop up to eighty -class JDAM GPS-guided bombs, or sixteen ...
stealth bomber prompted BoeingBoeingThe Boeing Company is an American multinational aerospace and defense corporation, founded in 1916 by William E. Boeing in Seattle, Washington. Boeing has expanded over the years, merging with McDonnell Douglas in 1997. Boeing Corporate headquarters has been in Chicago, Illinois since 2001...
to take elaborate steps cleansing the commercial jet of any military technology. The issue arose when Boeing engineers, fearing indictment and penalties, refused to sign forms declaring that the 787 was "ITAR-free." As a result Boeing conducted extensive research on the source of technology implemented on the 787. They removed all military technology and either found a commercial source for the same technology or replaced it with technology derived from a commercial source. - For the F-X2 program, the Brazilian government have chosen the French Rafale over the Boeing F/A-18E/F Super Hornet due to concerns over technology transfer barriers and ITAR regulations, regardless that the Brazilian air force and the majority of their pilots preferred the Super Hornet over other bidders. Nelson Jobim, Defense minister of Brazil said: "the U.S. government could give no upfront guarantee and Brazil had seen a series of U.S. technology embargoes." The lucrative contract which will be signed after the 2010 Brazilian elections, is for 36 aircraft and will be extended to over 100 units in the next decade.
Registration fees
The U.S. Department of State charges back fees to manufacturers who have failed to register previously. Smaller exporters who may not have been aware of the requirement to register can potentially be charged crippling back fees when they first register. Allegations have been put to the U.S. Department of State-industry advisory group, the Defense Trade Advisory Group, that charging back fees discourages some manufacturers from registration.Restrictions on foreign products
Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. If the foreign person wants to Retransfer the product to another foreign person, it must obtain authorization from the U.S. Government before the Retransfer can take place.It is open to the U.S. Government to refuse to authorize Retransfer of a foreign product that includes USML items:
- in 2006, the U.S. Government refused to authorize the sale of C-295 transport and maritime patrol aircraft manufactured by the Spanish aircraft manufacturer, EADS-CASA, to VenezuelaVenezuelaVenezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
because the aircraft included US-origin avionics and engine components controlled under the USML. As a consequence, EADS-CASA was forced to cancel a €500M contract with Venezuela; and - in 2006, EmbraerEmbraerEmbraer S.A. is a Brazilian aerospace conglomerate that produces commercial, military, and executive aircraft and provides aeronautical services....
of BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
was also prevented from selling Super Tucano aircraft to Venezuela by the U.S.
As a consequence of the blocking of these sales, Venezuela has subsequently purchased aircraft and other military hardware from Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
and Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
.
- In 2010 the Halifax Class will using as much non-American equipment as possible, including technology from Canada, Sweden, Germany, Netherlands and Israel. The International Traffic in Arms Regulations have also been blamed for the delay of the CH-148 Cyclone which is currently two years behind the original schedule.
- In 2010 the CH-148 was faced with delays and restrictions. The first 19 of the 28 CH-148 Cyclones will be delivered in an interim standard which does not meet the original contract requirements.
Restrictions on Dual and Third Country Nationals
The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of “US persons.” The Department of State defines Dual and Third Country Nationality as follows:- Third Country National: An individual holding nationality from a country or countries other than the country of the foreign signatory to the agreement; and
- Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries.
Although “nationality” is not defined under ITAR, it is accepted that the U.S. Government will take country of origin and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality.
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”). If, however, the same person emigrated to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, obtained Canadian citizenship and commenced employment with a Canadian company, they would be treated as a Canadian-UK Dual National for the purposes of any U.S. export authorization to which their employer was a party. If that person did not obtain Canadian citizenship but instead became a temporary or permanent Canadian resident, they would be treated as a UK Third Country National for the purposes of any U.S. export authorization to which their employer was a party.
It is also possible for a person who was born in one country to become a Dual National for the purposes of ITAR without necessarily leaving their country of origin, simply by obtaining a foreign passport (thereby “holding nationality” from another country). This is frequently the case where the individual’s parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
to parents who were born in the UK is able to obtain a UK passport (see British nationality law
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
). Once they have done so, they become an Canadian-UK Dual National for the purposes of ITAR.
Restrictions on access to USML items by Dual and Third Country National employees of foreign persons essentially forces foreign persons to discriminate against their employees who do not meet the nationality criteria under an export authorization. Such discrimination may be illegal in some countries under anti-discrimination law
Anti-discrimination law
Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes...
(such as in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
).
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
Overseas Chinese
Overseas Chinese are people of Chinese birth or descent who live outside the Greater China Area . People of partial Chinese ancestry living outside the Greater China Area may also consider themselves Overseas Chinese....
and Overseas Vietnamese immigrant populations: see immigration to Canada
Immigration to Canada
Immigration to Canada is the process by which people migrate to Canada to reside permanently in the country. The majority of these individuals become Canadian citizens. After 1947, domestic immigration law and policy went through major changes, most notably with the Immigration Act, 1976, and the...
and immigration to Australia
Immigration to Australia
Immigration to Australia is estimated to have begun around 51,000 years ago when the ancestors of Australian Aborigines arrived on the continent via the islands of the Malay Archipelago and New Guinea. Europeans first landed in the 17th and 18th Centuries, but colonisation only started in 1788. The...
).
The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals:
- General Dynamics Land SystemsGeneral Dynamics Land SystemsIn February 1982 Chrysler announced the sale of Chrysler Defense, its profitable defense subsidiary to General Dynamics for US$348.5 million. The sale was completed in March 1982 for the revised figure of US$336.1 million. General Dynamics renamed the division General Dynamics Land Systems. In 2003...
was fined USD$20M in 2004 for breaches of the AECA by its predecessor, GM DefenseGM DefenseGM Defense was the military products division of General Motors founded in 1950. It was acquired by General Dynamics in 2003 and now part of the General Dynamics Land Systems division.-Products:Products produced by GM Defense include:...
, that included access to USML items by unauthorized Dual Nationals. The unauthorized access had included direct access to USML items and access to international computer systems on which USML items were stored by Dual Nationals from countries including Syria and the PRC.
ITAR and information technology
The ease with which USML items can be exported and Retransferred using computer networks and removable media significantly increases the risk of unauthorized Retransfer of USML items. As discussed above, the carriage of a laptop computer on which USML items are stored overseas is considered a Retransfer of those items. Likewise, access to USML items on corporate systems such as intranets by foreign persons overseas or in the U.S. is considered a Retransfer of the items.It is important to note that, in both cases, theoretical access to the USML items overseas or by foreign persons is sufficient to constitute a breach of ITAR. Files on a laptop carried overseas do not need to be opened overseas and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur.
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.
Exemptions and Treaties
Several countries have sought ITAR exemptions or treaties with the U.S. Government in an effort to minimize the impact of ITAR, with varying degrees of success. The U.S. Government remains reluctant to consider broad exemptions from ITAR because of continuing concerns regarding the adverse effect unauthorized release of USML items can have on U.S. national security.Attempts by the UK Government to obtain a similar exemption were also stymied. The UK Government sought an exemption in the context of the JSF project. The Clinton administration promised the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
that an ITAR waiver would be given, allowing greater technology transfer associated with the project. Yet, despite the backing of the Bush administration, the waiver was repeatedly blocked by the late U.S. Congressman Henry Hyde
Henry Hyde
Henry John Hyde , an American politician, was a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's northwestern suburbs which included O'Hare International Airport...
because of his security concerns about potential technology transfer to third countries. Congressman Hyde retired from Congress in January 2007 and he subsequently died from complications following open heart surgery in November 2007. With his departure, ITAR-related impacts regarding the F-35 / JSF program remain in flux. These difficulties caused the UK to threaten that it would abandon the JSF project and consider alternative aircraft.
The U.S. Government signed bilateral Defense Trade Cooperation Treaties with the UK and Australian Governments in June and September 2007 respectively. The treaties are designed to allow the exchange of technical data, defense articles and defense services (including USML items) without the need for export authorizations such as TAAs and MLAs, subject to restrictions on the type and classification of the technology in question and its intended end-use. In return, the UK and Australian Governments will be required to take steps to improve their export control laws (such as the Australian Customs Act). As of September 2008, the U.S. Senate Foreign Relations Committee had deferred consideration of the Treaties on the grounds that it had not had time to properly evaluate proposed amendments to ITAR required in order to implement the Treaties.
See also
- Arms Export Control ActArms Export Control ActThe Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense...
- CoComCoComCoCom is an acronym for Coordinating Committee for Multilateral Export Controls. CoCom was established by Western bloc powers in the first five years after the end of World War II, during the Cold War, to put an arms embargo on COMECON countries.CoCom ceased to function on March 31, 1994, and the...
- Defense Security Cooperation AgencyDefense Security Cooperation AgencyThe Defense Security Cooperation Agency , as part of the United States Department of Defense , provides financial and technical assistance, transfer of defense matériel, training and services to allies, and promotes military-to-military contacts....
- Under Secretary for Arms Control and International Security
- Export Control Classification NumberExport Control Classification NumberAn Export Control Classification Number is a specific alpha-numeric code that identifies the level of export control for articles, technology and software that are exported from member states of the Wassenaar Arrangement, including the United States...
External links
- Electronic Code of Federal Regulations Note: Scroll down to Subchapter M, Parts 120-130, for an up-to-date version of the ITAR.
- Details from the Bureau of Industry and Security, part of the Department of Commerce
- The Directorate of Defense Trade Controls (DDTC), U.S. Department of State The DDTC is charged with controlling the defense articles and defense services covered by the United States Munitions List (USML), which is contained in the ITAR.
- Federation of American Scientists' Export Control 'Reform' Site The Federation of American Scientists has compiled an extensive collection of resources chronicling the documents and reforms that the U.S. government has made in its export control policy.
- A Short History of Export Control Policy This article prepared by Ryan Zelnio for The Space Review gives a concise view of ITAR history.
- The Effects of Export Control on the Space Industry This article prepared by Ryan Zelnio for The Space Review gives an industry view of the effects of ITAR on the U.S.
- The Space Show interviews Ann Ganzer, Director of the Office of Defense Trade Controls Policy (DTCP) for the State Department This mp3 interview, conducted by Dr. David Livingston of the Space Show, examines the impact of ITAR on higher education and space programs. It includes the "ITAR is Three Types of Stupid" quote.
- eCustoms Export Compliance Solutions
- Export Law Blog
- Exporting Technical Data
- International Trade Law News
- Space Tourists and Deemed Exports?
- Global Trade Expertise Hot Topics/News
- A Guide To Selected U.S. Travel/Identity Documents For Law Enforcement Officers
- ITAR, EAR Compliance Solutions