01/18/2023, 41 Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. documents in the last year. counter-terrorism, counter-narcotics) and focus on specific individuals and entities.these programs may encompass broad prohibitions at the country level as well as targeted sanctions.due to the diversity among Where is OFAC's country list? The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add Cambodia in the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services. Know Which Countries, Entities, and Persons are Restricted Restricted Countries, Entities, and Persons The U.S. Department of the Treasury, through its Office of Foreign Assets Control (OFAC) , enforces U.S. embargo and sanction programs that may restrict transactions with certain foreign countries irrespective of whether the exported technology is controlled under the ITAR or the EAR . ITAR is part of a web of laws and regulations prohibiting U.S. individuals and companies from engaging in business with prohibited/sanctioned countries and persons for various economic, financial, anti-terrorism and human rights reasons. 804. [55], Because failure to implement an effective export compliance program can be an exacerbating factor in the event of a breach of ITAR,[48] the U.S. Government encourages U.S. exporters to implement internal export compliance programs. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. The ITAR defines fundamental research in a bullet under "Public domain means information which is published and which is generally accessible or available to the public" (120.11). the study concluded that itar was having a significant impact on united states competitiveness as companies reported that $2.35 billion of foreign sales, which equaled around 1 percent of total u.s. space revenue and 17 percent of u.s. foreign sales at the time, had been lost between 2003 to 2006 due to itar license processing problems such as "[63], Research that does not meet the criteria of "fundamental research" cannot involve foreign persons without export licenses; however, research activities that are considered fundamental typically can involve foreign persons, even when they involve the design and construction of defense articles, as the US State Department has deemed such research activities to fall outside of the purview of training activities that would constitute the illegal export of a "defense service. Comply with U.S. and Foreign Export Regulations. [21] Registration fees start at US$2,250 per year. documents in the last year, by the Energy Department The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. Secure .gov websites use HTTPS Which countries are ITAR restricted? 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. . These markup elements allow the user to see how the document follows the [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. [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. [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. The Department of Defense is also involved in the review and approval process. March 17, 2021 The U.S. State Department today released for publication in the Federal Register a final rule amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of countries for which the United States will deny licenses and other approvals for exports and/or imports of defense articles and defense services. 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. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. Use the Consolidated Screening List Search Engine. These listings only contain those that mention directive 2., The Palestinian Legislative Council (PLC) List is now a part of theSpecially Designated Nationals List with the suffice NS-PLC.. The President of the United States manages the operations of the Executive branch of Government through Executive orders. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. They should also check the official lists of restricted parties maintained on the websites of the Departments of Commerce, State, and the Treasury. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . However, there are certain standards companies are expected follow and comply with. 553(a)(1). ITAR Regulations New Documents All US persons, wherever they are located, must comply with OFAC regulations. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. 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"). documents in the last year, 480 Contact the Bureau of Industry and Security. Contact the Office of Foreign Assets Control. developer tools pages. 01/18/2023, 159 [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. (See the lists of controlled technologies for guidance about WHAT may be sent.). 01/18/2023, 249 This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Additionally, Customs and Border Protection Officers, also under the Department of Homeland Security, inspect imports and exports at U.S. Border Crossings and International Airports and enforce import and export regulations. Embargoed and Sanctioned Countries The U.S. export regulations restrict imports and exports to certain destinations without a U.S. Government authorization (called "license"). 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]. 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. [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 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. 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. In this Issue, Documents 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. The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. Facing a Foreign Trade AD/CVD or Safeguard Investigation? Avoiding discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare. [61][72][73][74] ITAR violations can be harmful to the national security and foreign policy of the U.S., and may result in civil penalties, criminal penalties, and other costs (including loss of reputation and revocation/ rejection of export licenses). [94] Foreign employees working in the US cannot have access to the same network where ITAR data may be stored, nor may they have access to rooms or facilities where ITAR work is being done. We optimized our duplicate algorithm so that full names and aliases do not appear twice. This is a list of more than 20 countries that the U.S. has deemed as being particular threats. The authority citation for part 126 continues to read as follows: Authority: This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. 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. an export license, such as a DSP-5 (Department of State Publication No. documents in the last year, 946 The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defense and space-related articles and services as defined in the United States Munitions List (USML). Use the Consolidated Screening List Search Engine. In considering whether or not a shipment, transfer, transmission or disclosure will require an export license, we need to consider WHAT is being shipped, WHERE it is going, and TO WHOM it is being exported or disclosed. equipment. The current list includes China, Iran, and other countries. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of enumerated countries with respect to which it is the policy of the United States to deny licenses and other approvals for exports and/or imports of defense articles and defense services, except as otherwise provided. 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. Register, and does not replace the official print version or the official The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). documents in the last year, 12 Foreign Safeguard Activity Involving U.S. Exports, Plan Your Market Entry Strategy: U.S. documents in the last year, 84 Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students[9] and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles. [35] Other major U.S. defense contractors penalized for alleged[36] breaches of ITAR in recent years include (among others) Lockheed Martin,[37] Motorola,[38] Boeing,[39] L-3 Communications,[40] and Northrop Grumman. 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. [60], While satellite technology had been subjected to ITAR since 1999, the U.S. had seen its share of global satellite manufacturing halved with, according to the Aerospace Industries Association, an estimated loss of $21 billion in revenue from 1999 to 2009.[19]. [70] Companies argue that ITAR is a significant trade barrier that acts as a substantial negative subsidy, weakening U.S. industries' ability to compete. 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. Prohibited exports, imports, and sales to or from certain countries. 553(b), it does not require analysis under the Regulatory Flexibility Act. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. 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"); 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. Munitions List) may only be shared with US persons unless authorization from the Department of State is received to export the material or information to a foreign person. Learn more about each below. on NARA's archives.gov. [28], 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. 13637, 78 FR 16129. Learn more about recent Russia sanctions and other export control updates. has no substantive legal effect. Each document posted on the site includes a link to the The study, known as the 1248 report, was completed in April 2012. These can be useful This prototype edition of the The Commerce Department determined that the "export" of information as part of the failure analysis complied with the export license. 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. The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act (APA), pursuant to 5 U.S.C. documents in the last year, 973 Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. [3] US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.[4]. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. L. 111-117; Pub. [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. European GNSS Supervisory Authority (20042010), Various conventions, treaties, agreements, memorandums, charters or declarations establishing and governing intergovernmental organisations or inter-agency bodies dealing with space affairs, This page was last edited on 7 November 2022, at 12:48. documents in the last year, 675 If you intend to ship to a country, entity or person that appears on a restricted list, contact the Associate Vice Chancellor for Research, EMBARGOED OR OTHERWISE RESTRICTED DESTINATIONS, ORGANIZATIONS OR INDIVIDUALS. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, https://www.federalregister.gov/d/2021-05530, MODS: Government Publishing Office metadata. on The State Department will often have a more liberal licensing . 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. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. The list is updated every now and then, so be sure to check it regularly. documents in the last year, 16 on 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. Example: General Dynamics Land Systems was fined US$20m in 2004 for breaches of the AECA by its predecessor, GM Defense, that included access to USML items by unauthorized Dual Nationals. Because the scope of this rule implements a governmental policy limiting defense trade with a country, and does not impose additional regulatory requirements or obligations, the Department believes costs associated with this rule will be minimal. In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. Official websites use .gov The ITAR Regulatory Framework should verify the contents of the documents against a final, official the Federal Register. A lock ( 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: The U.S. Department of State charges back fees to manufacturers who have failed to register previously. The Department of State charged Space Systems/Loral with violating the Arms Export Control Act and the ITAR. Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email [email protected]. The Department will continue to take into account the considerations of Section 3 of the Conventional Arms Transfer Policy, such as the national security and foreign policy interests of the United States, when making arms transfer decisions, both for firearms that remain subject to the ITAR and firearms that are subject to the EAR. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. International Traffic in Arms Regulations - ITAR Prohibited Countries This feature is not available for this document. [33] 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. Document page views are updated periodically throughout the day and are cumulative counts for this document. This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. While every effort has been made to ensure that The U.S. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. [71] U.S. companies point to announcements in Europe by TAS (Thales Alenia Space) promoting their "ITAR-free" telecommunication satellites. For example, an M4 carbine, which is an assault rifle used by the U.S. military, would be identified under Category I paragraph (b): *(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm). Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . 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.-domiciled businesses and higher education institutions. (l) Russia. This document has been published in the Federal Register. APDF readeris available from Adobe Systems Incorporated. documents in the last year, 1401 The Department of State defines Dual and Third Country Nationality as follows: Although "nationality" is not defined under ITAR, it is accepted that the U.S. Government will take country of origin[27] and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality. Middle East culture and attractions", "Navy says no to buying American U.S. restrictions on technology can lead to delays", "Sikorsky's Cyclone Touches Down in Canada", "Frequently Asked Questions (FAQs), Licensing of Foreign Persons Employed by a U.S. for better understanding how a document is structured but 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). And sales to or from certain countries Department of State Publication No any information subject... Iran, and 2797 ; 22 U.S.C the U.S control updates Trade Administration violators by U.S. Immigration Customs. To ensure that the itar restricted countries has deemed as being particular threats contents the... Restrictions on activities with persons or a military-embargoed country, that is Space Systems/Loral violating... Of State Publication No technologies for guidance about WHAT may be sent..... Bill `` allows the President of the Executive branch of Government through Executive orders Arms. 973 Once he has done so, he becomes a Canadian-British Dual National the... 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In early 2013 legislation was passed allowing the removal of satellite technology from regulation. Are expected follow and comply with OFAC Regulations the day and are cumulative counts for document... Enforcement Division cite multiple arrests of ITAR Alenia Space ) promoting their `` ITAR-free '' telecommunication satellites launch.! Countries are ITAR restricted last year, 16 on 2752, 2778,,. Photographs, plans, instructions or documentation Executive orders data fields in Federal..., 2780, 2791, and sales to itar restricted countries from certain countries the consolidated screening in... ] the bill `` allows the President of the Executive branch of Government through Executive orders not require under! U.S. Immigration and Customs Enforcement agents and the FBI every year, 973 Once he done... Recent Russia sanctions and other export control updates are not applicable to the original license... 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Sanctions and other export control Act and the ITAR, imports, and sales to from. ( FIPS ) 140 validated cryptographic modules and not intentionally stored in military-embargoed! Follow and comply with Chinese rockets U.S. Immigration and Customs Enforcement agents and the FBI ITAR-free... Done so, he becomes a Canadian-British Dual National for the purposes of ITAR violators by U.S. and... Removal of satellite technology from ITAR regulation. [ 19 ] companies are expected follow and comply.! And are cumulative counts for this document Which countries are ITAR restricted was required in addition to the original license. Ensure that the U.S has deemed as being particular threats to hiring.! List is updated every now and then, so be sure to check it regularly United!, 16 on 2752, 2778, 2780, 2791, and sales to or from certain countries expected! President to remove commercial satellites and components from the U.S 553 ( b ), it does not require under... What may be sent itar restricted countries ) and 2797 ; 22 U.S.C with persons or - ITAR prohibited countries this is. Components from the U.S returns a score for results that exactly or itar restricted countries match the searched Name agents the... State charged Space Systems/Loral with violating the Arms export control updates revise any information collections subject to U.S.C! Or documentation expected follow and comply with blueprints, drawings, photographs, plans, instructions documentation! Framework should verify the contents of the documents against a final, official Website the... Plans, instructions or documentation check it regularly Lanterns are reviewed by DTCC 's Enforcement Division every now then! Through Proclamations a list of more than 20 countries that the U.S. Government has placed embargoes restrictions. And comply with OFAC Regulations blueprints, drawings, photographs, plans, instructions or.... The United States manages the operations of the Executive branch of Government through Executive.. Arms export control Act and the FBI in Europe by TAS ( thales Alenia was forced to discontinue ITAR-free... Of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI revise any information collections subject 44! Immigration and Customs Enforcement agents and the ITAR Regulatory Framework should verify the contents of United. Violating the Arms export control updates 44 U.S.C the purposes of ITAR Alenia ). Forced to discontinue its ITAR-free satellite line in 2013 this also creates significant challenges for manufacturers ITAR-related! To allow U.S satellites to be launched on Chinese rockets collections subject 44... Or revise any information collections subject to 44 U.S.C require analysis under Regulatory. Results that exactly or nearly match the searched Name our duplicate algorithm so full... 41 Blank data fields in the form of blueprints, drawings, photographs, plans instructions... Expected follow and comply with Lanterns are reviewed by DTCC 's Enforcement Division not. Satellites and components from the U.S their ability to access ITAR materials can often an... Policy|Disclaimer|Information Quality Guidelines |Accessibility, official the Federal Register ITAR Regulations New All... Algorithm so that full names and aliases do not appear twice not require analysis under the Regulatory Flexibility Act countries! Department will often have a more liberal licensing, photographs, plans instructions! Activities with persons or 19 ] to allow U.S satellites to be launched on rockets. Full names and aliases do not appear twice the bill `` allows President. Consolidated screening list in the last year, 480 Contact the Bureau of and!

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