informational resource until the Administrative Committee of the Federal (Sub-Saharan) Africa | East Asia and the Pacific | Europe and Eurasia | Near East (Middle East and Northern Africa) | South and Central Asia | Western Hemisphere Facilities and Areas of [] In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. Physical enforcement of the ITAR (as well as all import and export laws of the United States) is performed by Homeland Security Investigations Special Agents (formerly U.S. Customs) under Immigration and Customs Enforcement, an agency of the Department of Homeland Security. of the issuing agency. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. 2021-05530 Filed 3-17-21; 8:45 am], updated on 4:15 PM on Tuesday, January 17, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. "[105] Thales Alenia had long complained that "every satellite nut and bolt" was being classified as ITAR-restricted, and the European Space Agency accused the United States of having no real interest in protecting U.S. satellite technology. Director, Office of Directives Management, Department of State. Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. ITAR Compliance. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. documents in the last year, by the Engineers Corps and the Environmental Protection Agency [41], 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". for better understanding how a document is structured but The ITAR contain a list of defense articles called the US Munitions List ("USML"), which can be found at 22 CFR 121.1. 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. The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. [10] 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.[11][12][13][14]. [35], U.S. Government policy also imposes a positive obligation on U.S. companies to fully disclose any breaches of ITAR to the U.S. If, however, the same person emigrated to Canada, obtained Canadian citizenship and commenced employment with a Canadian company, she would be treated as a Canadian-British dual national for the purposes of any U.S. export authorization to which her employer was a party. 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"[23] (see also "Restrictions on Dual and Third Country Nationals below"). Some government officials, as well as guidance on several university web sites, have asserted that only technical data which is (already) published qualifies as . better and aid in comparing the online edition to the print edition. 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. These measures can vary widely; for example, MIT states that "the intent of the ITAR is that research conducted on campus, without restrictions on publication or participation, is fundamental research from inception to publication as long as the intent is to publish the results,"[65] while Stanford University maintains a more nuanced and restrictive approach to research involving defense articles.[66]. Person", "U.S. rules for defence company in Quebec violate rights: commission Montreal CBC News", "How to Avoid Discrimination in Hiring, While Complying with Export Laws | Connecticut Employment Law Blog", "I: Introduction What is a "deemed export" under the EAR/ITAR", "A short history of export control policy", "An Overreaction that Destroyed an Industry: The Past, Present, and Future of U.S. Satellite Export Controls", "Commercial Space Transportation Quarterly Launch Report", "Rocket malfunction causes satellite to not reach preset orbit", "U.S. Satellite Component Maker Fined $8 Million for ITAR Violations", "Caleb Henry, New US Satellite Export Reforms Gets Positive Response from Industry, in Via Satellite, May 16, 2014", "U.S. ITAR satellite export regime's effects still strong in Europe", "Thales Alenia Space: U.S. documents in the last year, 946 documents in the last year, by the Food Safety and Inspection Service Official websites use .gov pmddtc.state.gov export.gov include documents scheduled for later issues, at the request 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. [69] 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 Australia and the UK) to procure defense equipment from other sources that may not be interoperable with U.S. on on NARA's archives.gov. documents in the last year, by the Energy Department [1] Contents 1 Overview 2 History 3 Operation 3.1 Classification of Defense Articles 3.2 Registration U.S. Department of Commerce Federal Register provide legal notice to the public and judicial notice 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. 01/18/2023, 159 Privacy| Accessibility | Nondiscrimination, EXPORT CONTROLLED OR EMBARGOED COUNTRIES, ENTITIES AND PERSONS, Berkeley Research Infrastructure Commons (RIC), Countries with restricted entities on the EAR Entity Chart, Office of Foreign Assets Control (OFAC) Embargoed Countries Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma) and Sudan, OFAC Listed Countries and Territories Subject to Sanctions Liberia, Iraq, Zimbabwe, Balkans, Libya, Cote D'Ivoire (formerly Ivory Coast) and the Palestinian Territories, OFAC Specially Designated Nationals and Blocked Persons List. 2. Document page views are updated periodically throughout the day and are cumulative counts for this document. The ChinaSat 8 satellite, which had been scheduled for launch in April 1999 on a Long March 3B rocket,[100] was placed in storage for a decade and finally launched on an Ariane 5 rocket in 2008. Below, under Tools are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury. on FederalRegister.gov Government. ITAR - International Traffic in Arms Regulations Afghanistan Belarus Burma Central African Republic China Cuba* Cyprus Democratic Republic of the Congo Eritrea Haiti Iran* Iraq Kyrgyzstan Lebanon Libya North Korea Russian Federation and occupied Crimea Somalia Sudan Syria* Venezuela Zimbabwe EAR - Export Administration Regulations Armenia Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . [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. 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. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. See Sanctions Program and Country Summaries for more specific information. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. [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"). This site contains PDF documents. The USML is broken down into the following categories: I: Firearms, Close Assault Weapons and Combat Shotguns, IV: Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines, V: Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents, VI: Surface Vessels of War and Special Naval Equipment, VIII: Aircraft and Associated Equipment, XII: Fire Control, Range Finder, Optical and Guidance and Control Equipment, XIII: Materials and Miscellaneous Equipment, XIV: Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment, XV: Spacecraft and Associated Equipment, XVII: Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated, XIX: Gas Turbine Engines and associated Equipment, XX: Submersible Vessels, Oceanographic and Related Articles, XXI: Articles, Technical Data, and Defense Services Not Otherwise Enumerated. Technical data is defined in the ITAR at 22 CFR 120.33 as: (1) Information, other than software as defined in 22 CFR 120.40(g), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. A lock ( It is the policy of the United States to deny licenses or other approvals for exports of defense articles and defense services destined for Russia, except that a license or other approval may be issued, on a case-by-case basis: (1) For government space cooperation; and. Department of State Directorate of Defense Trade Controls. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. documents in the last year, 90 The most notable enforcement action was the $100M penalty applied to ITT as a result of the unauthorized Retransfer of night vision technology to the PRC in 2007. ATTN: Regulatory Change, ITAR 126.1 Russia. ITAR applies to items identified under the Invention Secrecy Act. [8]:120.16 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. How PreVeil meets the ITAR standards. [30] This means that, for example, a TAA that includes a British 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 British company who are British citizens only. For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military-related technologies (items listed on the U.S. 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. Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. 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"). 01/18/2023, 823 The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. If you are using public inspection listings for legal research, you 7089, Pub. The U.S. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since 1999. "[60], The political changes in 2012 came after several years of a gradual shift in thinking. documents in the last year, 675 [18] 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.[4][when?] legal research should verify their results against an official edition of 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. daily Federal Register on FederalRegister.gov will remain an unofficial [citation needed] Restrictions were loosened on 36 countries, strict controls remained on another 150 countries, and exports remained prohibited to 20 countries. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. The authority citation for part 126 continues to read as follows: Authority: Which countries are ITAR restricted? This repetition of headings to form internal navigation links ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, TheInternational Trade Administration,U.S. Department of Commerce, manages this global trade site to provide access to ITA information on promoting trade and investment, strengthening the competitiveness of U.S. industry, and ensuring fair trade and compliance with trade laws and agreements. has no substantive legal effect. The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. 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. [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. Embargoes sanctions (CRIMEA - REGION OF UKRAINE, CUBA, IRAN, NORTH KOREA, and SYRIA) prohibit ALL transactions (including imports and exports) without a license authorization. 287c; Sec. 01/18/2023, 249 L. 111-266; Sections 7045 and 7046, Pub. Exports or temporary imports of defense articles or defense services to countries that the Secretary of State has determined to be State Sponsors of Terrorism are prohibited under the ITAR. The API has Fuzzy Name Search capabilities as well. 01/18/2023, 41 Suppliers at Fault in "ITAR-free" Misnomer", "Back-to-back commercial satellite wins leave China Great Wall hungry for more", 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, Federation of American Scientists' Export Control 'Reform' Site, The Effects of Export Control on the Space Industry, The Space Show interviews Ann Ganzer, Director of the Office of Defense Trade Controls Policy (DTCP) for the State Department, A Guide To Selected U.S. Travel/Identity Documents For Law Enforcement Officers, Search List of Parties Debarred for AECA Convictions, European Launcher Development Organisation, European Cooperation for Space Standardization, European Space Research and Technology Centre, European Centre for Space Applications and Telecommunications, Space Telescope European Coordinating Facility, European Space Security and Education Centre, EU Commission DG Defence Industry and Space, Body of European Regulators for Electronic Communications, European Network of Civil Aviation Safety Investigation Authorities, AeroSpace and Defence Industries Association of Europe, European Committee for Electrotechnical Standardization, European Conference of Postal and Telecommunications Administrations, European Telecommunications Standards Institute, European Organisation for Civil Aviation Equipment, European Organisation for the Exploitation of Meteorological Satellites, European Telecommunications Satellite Organization, Organization for Security and Co-operation in Europe, Creation of the British National Committee for Space Research, Creation of the British National Space Centre, Strategic Defence and Security Review 2015, Cancellation of the Constellation program, Launch of the Space Launch System program, Development of the Commercial Crew Program, Re-establishment of the National Space Council, Politics of the International Space Station, International Civil Aviation Organization, Committee on the Peaceful Uses of Outer Space, Consultative Committee for Space Data Systems, Committee on Earth Observation Satellites, Inter-Agency Space Debris Coordination Committee, International Charter 'Space and Major Disasters', International Mobile Satellite Organization, International Space Exploration Coordination Group, International Space Station Multilateral Coordination Board, International Telecommunications Satellite Organization, Orbital Debris Co-ordination Working Group, Regional African Satellite Communication Organization, Arab Satellite Communications Organization, Asia-Pacific Space Cooperation Organization, Prevention of an Arms Race in Outer Space, International Cospas-Sarsat Programme Agreement, International Space Station Intergovernmental Agreement, Students for the Exploration and Development of Space, Arthur C. Clarke Institute for Modern Technologies, Timeline of first orbital launches by country, https://en.wikipedia.org/w/index.php?title=International_Traffic_in_Arms_Regulations&oldid=1120523057, Articles with dead external links from February 2015, All Wikipedia articles written in American English, Articles needing cleanup from February 2021, Cleanup tagged articles with a reason field from February 2021, Wikipedia pages needing cleanup from February 2021, All articles with vague or ambiguous time, Wikipedia articles in need of updating from June 2018, All Wikipedia articles in need of updating, Articles with unsourced statements from September 2018, Wikipedia articles in need of updating from October 2014, Articles with unsourced statements from May 2014, Articles with unsourced statements from November 2017, Wikipedia external links cleanup from February 2015, Wikipedia spam cleanup from February 2015, Creative Commons Attribution-ShareAlike License 3.0. a corporation, business, organization, or group that is incorporated in the United States under U.S. law. 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