itar restricted countries

[98] Communications satellites were gradually transferred from the State Department to the Commerce Department in 19921996, falling under the Export Administration Regulations. Facing a Foreign Trade AD/CVD or Safeguard Investigation? documents in the last year, 117 TheCSL Search Engineworks with the CSL API to allow users to type in a name, country, or source agency in the search. Check lists of parties of concern on the BIS website. corresponding official PDF file on govinfo.gov. The documents posted on this site are XML renditions of published Federal Sanctions are based on US foreign policy and national security goals; they can apply to foreign countries, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the US national security, foreign policy, or economy. 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. ITAR Regulations 39 - 22 CFR Parts 120 . [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. 553(a)(1). Secure .gov websites use HTTPS This is a list of more than 20 countries that the U.S. has deemed as being particular threats. TheCSL APIenables computers to freely access the CSL in an open, machine-readable format. 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. [64] In contrast, as of March 2016, Stanford's Export Control Officer maintains that all satellite systems are controlled defense articles under the ITAR (despite their reclassification under the EAR in 2014) and, based on NASA criteria for automatic designation of a research project as fundamental research,[67] does not consider projects above TRL 4 to be fundamental research, limiting the activities of laboratories and project-based groups on campus. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. Until 19961997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.[5] Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. "[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. This is particularly helpful when searching on CSL for names that have been translated into English from non-Latin alphabet languages. [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". European manufacturers of satellite components report that ITAR-free status is the first question they are asked by potential customers. They also view the announcements of "ITAR-free" items as anecdotal and not systemic. The lists on this page deal with WHERE and TO WHOM items, information or software is going. documents in the last year, 1487 [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]. ITAR does not apply to information related to general scientific, mathematical or engineering principles that are commonly taught in schools and colleges or information that is in the public domain. [56][57] 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. 1503 & 1507. provide legal notice to the public or judicial notice to the courts. ITAR - PROSCRIBED COUNTRIES LIST (22 CFR 126.1) AFGHANISTAN ANGOLA BELARUS BURMA CHINA (PRC) CYPRUS CUBA HAITI IRAN IRAQ LIBERIA LIBYA NIGERIA NORTH KOREA RWANDA SOMALIA SUDAN SYRIA VIETNAM YEMAN ZIMBABWE Previous slide Next slide Back to first slide View graphic version Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) chapter 35. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". As discussed above, carrying a laptop computer which contains USML items overseas is considered a retransfer of those items. documents in the last year, 973 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. [95], 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. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. International Traffic in Arms Regulations (ITAR) is a United States regulatory regime to restrict and control the export of defense and military related technologies to safeguard U.S. national security and further U.S. foreign policy objectives.[1]. Contact the Bureau of International Security and Non-proliferation. on ITAR Proscribed Countries Afghanistan, Belarus, Burma (Myanmar), Central African Republic, China, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe Organizations There are two primary lists: [97] After the Space Shuttle Challenger disaster resulted in a growing backlog of commercial satellite launches, ITAR kept the Soviet Union out of the market. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. Export Regulations, Get Ready to Export: Are You Export Ready, Plan Your Market Entry Strategy: Research the Global Market Place, Plan Your Market Entry Strategy: Selecting Initial Export Markets, Plan Your Market Entry Strategy: Export Counseling, Success Story: Spancrete Machinery Corporation, Plan Your Market Entry Strategy: Foreign Import Regulations, Managing Challenges: Protecting your IP Abroad, Make the Export Sale: Export Pricing Strategy, Success Story: Patton Electronics Company, Obtaining Assistance from US Embassies and Consulates, Finding Foreign Buyers: Business Travel Abroad, NAFTA, Chile, Singapore, Australia, CAFTA-DR, Colombia, Panama, Korea, and Peru FTAs - Determining rules of origin, Rules of Origin General Categories, Chile, Singapore, CAFTA-DR, Peru, Colombia, Korea and Panama FTAs, Rules of Origin: General Categories: Israel, Jordan, Morocco, Bahrain, and Oman FTAs, US Department of Commerce's Bureau of Industry and Security, Strictly commercial, dual-use, and less sensitive military commodities, software and technology. The authority citation for part 126 continues to read as follows: Authority: This repetition of headings to form internal navigation links [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. APDF readeris available from Adobe Systems Incorporated. When you apply for the license however, that is when the country may become important. 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). 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. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. Each document posted on the site includes a link to the 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); a Manufacturing License Agreement ("MLA") which authorises a U.S. manufacturer to supply manufacturing know-how related to defense articles to a foreign person. documents in the last year, 12 [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. 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. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. CSL Application Programming Interface (API). 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. [83] 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.[83]. We optimized our duplicate algorithm so that full names and aliases do not appear twice. 01/18/2023, 823 L. 111-117; Pub. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . L. 108-375; Sec. Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. A Rule by the State Department on 03/18/2021. While political debate over the wisdom of placing all satellite and launch technology on the US Munitions List (USML) has been ongoing since the advent of ITAR regulation in 1999, there has been a shift in political opinion since 2007. Only official editions of the Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. on 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. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. documents in the last year, 946 If she did not obtain Canadian citizenship but instead became a temporary or permanent Canadian resident, she would be treated as a British third country national for the purposes of such U.S. export authorization.[28]. 03/17/2021 at 8:45 am. Please type the text you see in the image into the text box and submit In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. The U.S. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties. 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 . 1401 Constitution Ave NW 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. 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. 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. 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