Compliancecommercial and military compliance support. Refresher training is available by studying these online materials, which are continually updated. The tcp shall contain procedures to control access and provide disclosure guidelines to all exportcontrolled information, and should be tailored to a companys operations and the specific threats identified. Compliance to the export administration regulations ear and the international traffic in arms. Regulates goods and technology designed to kill or defend against death in a military setting. When it comes to understanding itar compliance requirements and compliance penalties, the justice department government has no doubt increased oversight for government contractors, commercial organizations, and individuals for potential ear vs itar laws breaches and noncompliance with importexport regulations many companies relax their standards and many do not even have an itar.
Dual use export licensing under the ear under the export administration regulations ear, the bureau of industry and security of the us department of commerce regulates the export of commercial items that have both commercial and military applications, or that otherwise have strategic value to the united states. Department of commerces bureau of industry and security bis under the export administration regulations the ear. Mar 21, 2020 failing to do so could result in an inadvertent escape, and thus a violation to the itar or ear. Focusing on the wrong commodity jurisdiction can lead to significant missteps in your export compliance program. When exporting your products, beware the itar september 25, 20 itar, the international traffic in arms regulations, might sound like something from a james bond movie, but it applies to more than you might realize and as such, might be worth an assessment of what your company exports. Dual use export licensing under the ear itar export. Information for employers about citizenship status. Itar and the ear us trade controls compliance in europe. The directorate of defense trade controls ddtc, bureau of politicalmilitary affairs, in accordance with 22 u. If your company falls under these categories, the following information will help answer some of your questions as. Export control itar compliance export administration. International traffic in arms regulations itar control the export and import of defenserelated articles and services on the united states munitions list usml. Itar requires that employers obtain export licenses for nonu.
On january 23, 2020, the department of state published a final rule in the federal register at 85 fed. This downloadable, updated itar document is an unofficial version compiled and provided for the readers convenience by the export compliance training institute. The state department has adopted an important new itar amendment confirming that if controlled technical data is encrypted using endtoend encryption, the transfer of such data outside the u. Differences between itar and ear itar 22 cfr 120 ear 15 cfr 730774 covers military items or defense articles. In part i of this series, we outlined the difficulties you, as a high tech electronics manufacturer, can face when participating in the defense market. International traffic in arms regulations itar 2020. Recent developments include the expansion of the export administration regulations ear entity list and the unverified list in part 744, modifications to the international traffic in arms regulations itar u. Security program operating manual nispom and the international traffic in arms regulations itar under certain circumstances. This test also includes questions on rules from the commerce departments export administration regulations ear. Ear export administration regulations ear export control. Itar and ear compliance and modern product development. Under the export administration regulations ear, the bureau of industry and security of the us department of commerce regulates the export of commercial items that have both commercial and military applications, or that otherwise have strategic value to the united states.
Munitions list usml categories, and the reimposition of the office of foreign assets controls ofacs iran sanction. If my company engages in activity regulated by the international traffic in arms regulations. Fear of career damage, and even criminal penalties, can make itarear. New revisions to the ear and itar to harmonize destination control statements on august 17, 2016, as part of the presidents export control reform initiative, the bureau of industry and security bis and the us department of state issued final rules revising the destination control statement dcs requirements in the export administration regulations ear. The international traffic in arms regulations itar and the export administration regulations ear are two important united states export control laws that affect the manufacturing, sales and distribution of technology. However, the itar or the ear may require your company to obtain authorization if. Differences between itar and ear itar22 cfr 120 ear 15 cfr 730774 covers military items or defense articles. Searchable ear export compliance training institute. Although ddtcs planned amendments to the itar contain subtle differences to the corresponding provisions in the ear that bis published in 2016, ddtcs rule would nonetheless allow for the common international cloudbased storage and handling of properly encrypted technologytechnical data and software subject to either the itar or the ear. Suzanne palmer, president, export compliance solutions, is a former licensing officer at the state department, directorate of defense trade controls ddtc, and. Munitions list usml categories, and the reimposition of the office of foreign assets control.
These apply to commercial products that have some use in the military or intelligence area and the u. In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 477 of the arms export control act and constitute the u. Government, all manufacturers, exporters, and brokers of defense articles, defense services, or related technical data must be itar compliant. Like itar, the export administration regulations ear deal with u. Understanding the itar ear export control regulations regarding the release of controlled technology or technical data robert mchale, esq. This article was first published in november 2009 and has been updated to include current information, links and formatting. Learn the basics of the itar and the ear so you can enhance your skills and minimize your companys risk. Mar 04, 2020 the state department has adopted an important new itar amendment confirming that if controlled technical data is encrypted using endtoend encryption, the transfer of such data outside the u. The solution is easily accessible 24x7x365 both inside the native it environment and outside the it environment, with optional mobile device and tablet applications available for further accessibility onthego. What it is, and is not itar registration meta fab, inc. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u.
Department of commerce, export administration regulations ear all starts with the initial design of the product. A thorough understanding of both is essential for any trade compliance program. Ear export control shares many similarities with the itar, but there are also some key. The tcp shall contain procedures to control access and provide disclosure guidelines to all exportcontrolled information, and should be. Understanding the itarear export control regulations. View and download product data sheets, whitepapers, solution briefs, fact sheets, infographics, and security guides. Export administration regulations ear international traffic in arms regulations itar 2 day boot camp april 2728, 2016. Particularly with the changes from export control reform in recent years, the lines between these two regulations can easily get blurred. This legislation seeks to control access to specific types of technology and the associated data. The international traffic in arms regulations itar, 22 cfr 120 implements the aeca. Description 22 cfr parts 120 this book covers export and import of defense articles and defense services regulations.
Paragraphs a1 through 3 of this section describe or explain the elements. Both the ear and the itar govern exports to foreign nationals. The regulations are subject to change at any time and not guaranteed by ecti, inc. The short version, therefore, is that its nearly guaranteed that any remote as9100 audit will result in violations of itar or its regulatory cousin, ear. Best of all, earcompliance is automatically achieved through the integral security measures of the solution. Solution for ear l secure data room l regdox solutions.
Ear export administration regulations itar is more stringent than ear because itar covers articles that have direct defenserelated applications. A few weeks ago, i was ambivalent about itar, the international traffic in arms regulations, and often literally dismissed it by telling clients you can download a free manual off the internet and call it a day. During my last as9100 braindump in cocoa beach, you may know i shared the stage with representatives of erai who spoke on counterfeit part controls, something i will address in an upcoming article and aerospace exports inc. Download the electronic code of federal regulations in xml. Both delivery methods can qualify as an export under the ear. Department of state, directorate of defense trade controls ddtc, regulates items and information inherently military in design, purpose, or use through the international traffic in arms regulations itar. Ear items are generally commercial in nature but can still be considered a danger to national security if they are not properly reported. Companies involved in small business innovation research sbir and small business technology transfer sttr contracts often are subject to requirements under the international traffic in arms regulations itar and the export administration regulations. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications. Sep 25, 20 when exporting your products, beware the itar september 25, 20 itar, the international traffic in arms regulations, might sound like something from a james bond movie, but it applies to more than you might realize and as such, might be worth an assessment of what your company exports. Determining if your export requires a license under the ear or, more likely, under itar is a crucial step to exporting legally, so it warrants attention in the form of infrastructure, processes and tools that are easy to use, reliable, and help standardize your export classification processes. This provides great flexibility and regulatory relief for companies. Please see the frequently asked questions section under the itarusml.
All new employees must take and pass the test shown on the intro itarear test page. Nothing under the itar or the ear requires or allows an employer to limit jobs to u. Advisory opinions federal register fr tomorrows fr fr and cfr archive state regs itar. The export administration regulations ear is one of our specialties. Regdox solutions the secure data room solution provider for corporate, ear, hipaa, dfars and itar compliance in the cloud.
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. Itar international traffic in arms regulations and the ear export administration regulations are both united states government export control regulations intended to ensure that defense related technologies are not shared with the wrong individuals or companies. Aug 07, 2019 companies involved in small business innovation research sbir and small business technology transfer sttr contracts often are subject to requirements under the international traffic in arms regulations itar and the export administration regulations ear for products, technologies and software developed under their contracts. The itar handbook includes a complete copy of the international traffic in arms regulations itar, a primer on the itar, government personnel phonebook of ddtc, and a listing of abbreviations from dtrade and the itar. C5s 6th forum on us trade controls compliance in europe itar and ear will bring together an exceptional panel of regulators and international trade and export controls compliance executives from leading organisations, to deliver a unique and indepth programme on the latest guidelines and practical advice for overcoming the complexities in. Itar compliance is about understanding regulations and implementing a process to ensure your company does not inadvertently violate the regulations. In addition, under the provisions of the international chemical weapons convention, the united states may require special declarations related to chemical shipments under either the itar or the ear if you are shipping any equipment, software, biological agents or technology internationally, please complete the export control determination request to assist in the classification of the item. International traffic in arms regulations wikipedia. Itar certification requirements how to export solutions, inc. Ecti offers comprehensive, practical training seminars on ear, itar and ofac compliance. Mark stevens of aei went over the application of itar, as well as ear, fars and dfars, in an as9100 setting.
Itar compliance penalties difference between itar and. Itarear faq what government contractors need to know. These violations are typically felonies, putting those who violate it at risk of massive, organizationcrushing fines and even imprisonment. Itar and ear compliance and modern product development part. Regdox solutions downloads l whitepapers, data sheets. The ear are applicable to dualuse items that have both commercial and military applications, as well as to items with purely commercial application.
Changes in designations are published in the federal register. Meeting these regulations while enabling your teams with the flexibility and transparency needed to make great products ontime is a challenge, but not. Government regulations that requires all manufacturers, exporters, and brokers of defense articles, defense services, or related technical data to be itar compliant. Export control itar compliance export administration regulation. Nispom and the international traffic in arms regulations itar under certain circumstances.
The export administration regulations or ear, administered by the commerce department. Your products may be subject to international traffic in arms regulations itar andor export administration regulations ear, dictating tight control over all regulated technical data. Remote as9100 audits nearly guarantee itarear violations. If your company falls under these categories, the following information will help answer some of your questions as to whether you need to become itar compliant and.
Theres actually three areas of export control laws. Squire patton boggs itar handbook is now available to download. Instead of thinking about a single itar certification for your business, you should instead focus on how to implement plans and systems to comply with the law. You inquire whether an employer or staffing agency may ask the above questions of.
Lists of export controlled items, information and software. The ear covers both dualuse and pure military items. Itar compliance penalties difference between itar and ear. These regulations are regularly updated and revised to reflect change in the international political and security climate, as well as technological development.
International traffic in arms regulations itar as youll see below, the ear and itar differ in many ways. Each eseminar is 9 hours long and offers comprehensive training that is broken down into modules agenda that can be. Ear refers to other items that may not be on the usml but can be applied to civilian or military use, also known as dual use. The united states also has separate and more specialized export control regulations, such as the itar, that govern the most.
When it comes to understanding itar compliance requirements and compliance penalties, the justice department government has no doubt increased oversight for government contractors, commercial organizations, and individuals for potential ear vs itar laws breaches and noncompliance with importexport regulations. Links below open the individual sections of the commerce control list. Many people have some awareness of the itar, but far fewer know about or understand the ear. We field lots of questions about the difference between itar and ear regulations.
Ensure your state and commerce license applications are approved with the first submission. The export control classification number eccn and united states munitions list usml analyst and license determination software includes eccn classification tables, usml classification tables, export administration regulations ear, international traffic in arms regulations itar, and office of foreign assets regulations ofac to help you. This downloadable, searchable ear document is an unofficial version compiled and provided for the readers convenience by the export compliance training institute. As a european company, you face unique challenges when complying with the international traffic in arms regulations itar and export administration regulations ear as you also have the additional responsibility of complying with sometimes conflicting local laws. Dual use export licensing under the ear itar export compliance. It provides license for the export of defense articles, general policies, forms, applications and more. Even if they dont have permission to edit or download the original file, users can.
Searchable itar updated monthly export compliance training. The updated, but unofficial, version of the itar is provided by ecfr. International traffic in arms regulations itar is a set of u. Proving compliance to international traffic in arms regulations itar and export administration regulations ear is challenging when it comes to tracking the daytoday activities of employees, and nearly impossible when it comes to files and information once they leave the corporate firewall.
A few days later, i basically shit myself after finding out how horribly, horribly wrong i was. Itar and ear requirements under small business innovation. These two agencies and their regulations govern all exports made by aerosample. The international traffic in arms regulations or itar, which is administered by the state department. While there is no compliance certification for the itar, microsoft. International traffic in arms regulations itar nepa. As a result, itar does not limit the categories of workauthorized nonu. Everything we thought we knew about itar is wrong oxebridge. Download the itarear quick start guide easy and secure communication the solution is easily accessible 24x7x365 both inside the native it environment and outside the it environment, with optional mobile device and tablet applications available for further accessibility onthego. Refresher training is available by studying these online. Can start with buildtoprint data from a us customer and they tell you its for a military application. Thereafter, each employee must pass an annual update exam, located in this section. Includes space related technology because of application to missile technology. Itar is the state departments international traffic in arms regulations.