Does ITAR apply to foreign companies?

ITAR provisions are based on the subject item rather than parties of the transaction. As a result, a foreign person may be required to comply with ITAR while doing business in the defense market.

Who is subject to ITAR?

Registration (ITAR 122) : The ITAR requires any U.S. person or entity that manufactures, brokers, or exports defense articles/services to be registered with DDTC. Therefore, registration is required even when the activity does not involve the export, reexport/retransfer of items controlled by the USML.

What makes something ITAR controlled?

ITAR mandates that access to physical materials or technical data related to defense and military technologies is restricted to US citizens only. Limiting access to the physical materials is straightforward; limiting access to digital data is more complicated.

Who needs ITAR compliant?

ITAR is the acronym for International Traffic in Arms Regulation. The US government mandates that any company that manufactures, exports, as well as brokers of defense articles, defense services, or a company that is involved with related technical data, must be ITAR compliant.

Are green card holders ITAR compliant?

Citizens could work on ITAR projects. But the ITAR generally allows U.S. Persons to have access to ITAR controlled data, and defines a (natural) U.S. Person as a lawful permanent resident as defined by 8 U.S.C. Aliens lawfully admitted for permanent residence (i.e., green card holders); Certain refugees; and.

What is the difference between ITAR and export control?

What’s The Difference Between ITAR and EAR? International Traffic In Arms (ITAR): Regulates the sale, distribution, and manufacturing of defense-related items. The Export Administration Regulations (EAR): Regulates dual-use items not covered by ITAR, but still applies to some defense-related items.

Who determines ITAR?

The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, administers the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130).

Who is exempt from ITAR?

The International Traffic in Arms Regulations (ITAR/22 CFR) specifically exempts foreign persons who are bona fide, full-time regular employees of Carnegie Mellon University from the requirement of a license for disclosures of unclassified technical data in the United States by U.S. institutions of higher learning.

What requires ITAR registration?

Companies that frequently are required to register under ITAR include:

• Federal contractors involved in defense, intelligence, security, homeland security and energy contracts;
• Subcontractors and second- or third-tier suppliers of parts, components, subsystems, accessories and attachments used in such contracts;

Who is a US Person ITAR?

ITAR Definition Under § 120.14 of the ITAR a U.S. person is defined as a person who is a lawful permanent resident of the United States. A lawful permanent resident is further defined by 8 U.S.C. 1101(a)(20). It does not include any foreign person as defined in § 120.16 of this part.

What is an ITAR clearance?

ITAR, or the International Traffic in Arms Regulations, are issued by the United States government to control the export and import of defence-related articles and services on the United States Munitions List (USML), and cover items such as military hardware, guidance systems, submarines, armaments, military aircraft.

Is the BIS responsible for enforcing ITAR?

The Bureau of Industry and Security (BIS), part of the Department of Commerce, is responsible for implementing and enforcing the EAR, just as the DDTC enforces the ITAR.