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. 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. Itar and the ear us trade controls compliance in europe. These regulations are regularly updated and revised to reflect change in the international political and security climate, as well as technological development. 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. International traffic in arms regulations itar is a set of u. 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. However, the itar or the ear may require your company to obtain authorization if. International traffic in arms regulations itar nepa. 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. All new employees must take and pass the test shown on the intro itarear test page. International traffic in arms regulations itar 2020.
Dual use export licensing under the ear itar export. These violations are typically felonies, putting those who violate it at risk of massive, organizationcrushing fines and even imprisonment. Lists of export controlled items, information and software. 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. Ear export control shares many similarities with the itar, but there are also some key. Compliancecommercial and military compliance support. 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. Solution for ear l secure data room l regdox solutions. 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.
This article was first published in november 2009 and has been updated to include current information, links and formatting. 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. The directorate of defense trade controls ddtc, bureau of politicalmilitary affairs, in accordance with 22 u. Regdox solutions the secure data room solution provider for corporate, ear, hipaa, dfars and itar compliance in the cloud. The regulations are subject to change at any time and not guaranteed by ecti, inc. This downloadable, searchable ear document is an unofficial version compiled and provided for the readers convenience by the export compliance training institute. Remote as9100 audits nearly guarantee itarear violations. Even if they dont have permission to edit or download the original file, users can. Refresher training is available by studying these online. Squire patton boggs itar handbook is now available to download. 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. View and download product data sheets, whitepapers, solution briefs, fact sheets, infographics, and security guides. As a result, itar does not limit the categories of workauthorized nonu.
Itar requires that employers obtain export licenses for nonu. 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 test also includes questions on rules from the commerce departments export administration regulations ear. International traffic in arms regulations wikipedia. 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. This downloadable, updated itar document is an unofficial version compiled and provided for the readers convenience by the export compliance training institute. 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. Itar certification requirements how to export solutions, inc.
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. We field lots of questions about the difference between itar and ear 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. You inquire whether an employer or staffing agency may ask the above questions of. 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. What it is, and is not itar registration meta fab, inc. 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. Please see the frequently asked questions section under the itarusml. Ecti offers comprehensive, practical training seminars on ear, itar and ofac compliance. 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.
A few days later, i basically shit myself after finding out how horribly, horribly wrong i was. Government regulations that requires all manufacturers, exporters, and brokers of defense articles, defense services, or related technical data to be itar compliant. 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. Links below open the individual sections of the commerce control list. This provides great flexibility and regulatory relief for companies. If my company engages in activity regulated by the international traffic in arms regulations.
Itar is the state departments international traffic in arms regulations. Like itar, the export administration regulations ear deal with u. This legislation seeks to control access to specific types of technology and the associated data. The ear covers both dualuse and pure military items. Includes space related technology because of application to missile technology. On january 23, 2020, the department of state published a final rule in the federal register at 85 fed. Differences between itar and ear itar 22 cfr 120 ear 15 cfr 730774 covers military items or defense articles.
It provides license for the export of defense articles, general policies, forms, applications and more. The tcp shall contain procedures to control access and provide disclosure guidelines to all exportcontrolled information, and should be. Can start with buildtoprint data from a us customer and they tell you its for a military application. Export control itar compliance export administration regulation. International traffic in arms regulations itar as youll see below, the ear and itar differ in many ways. 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. The international traffic in arms regulations or itar, which is administered by the state department. Ensure your state and commerce license applications are approved with the first submission. Best of all, earcompliance is automatically achieved through the integral security measures of the solution.
Searchable itar updated monthly export compliance training. Itar and ear requirements under small business innovation. 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. Itar and ear compliance and modern product development part. Searchable ear export compliance training institute.
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. Ear items are generally commercial in nature but can still be considered a danger to national security if they are not properly reported. Information for employers about citizenship status discrimination. Regdox solutions downloads l whitepapers, data sheets.
Us export controls overview and comparison of itar. Itar compliance penalties difference between itar and ear. Changes in designations are published in the federal register. The export administration regulations ear is one of our specialties. 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. Information for employers about citizenship status. Dual use export licensing under the ear itar export compliance. Mar 21, 2020 failing to do so could result in an inadvertent escape, and thus a violation to the itar or ear. Understanding the itarear export control regulations. Nothing under the itar or the ear requires or allows an employer to limit jobs to u.
Government, all manufacturers, exporters, and brokers of defense articles, defense services, or related technical data must be itar compliant. 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. Export control itar compliance export administration. Nispom and the international traffic in arms regulations itar under certain circumstances. 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. The international traffic in arms regulations itar, 22 cfr 120 implements the aeca.
Fear of career damage, and even criminal penalties, can make itarear. Focusing on the wrong commodity jurisdiction can lead to significant missteps in your export compliance program. Itar compliance penalties difference between itar and. Meeting these regulations while enabling your teams with the flexibility and transparency needed to make great products ontime is a challenge, but not. Particularly with the changes from export control reform in recent years, the lines between these two regulations can easily get blurred. Munitions list usml categories, and the reimposition of the office of foreign assets controls ofacs iran sanction.
Both delivery methods can qualify as an export under the ear. Compliance to the export administration regulations ear and the international traffic in arms. Itar and ear compliance and modern product development. Advisory opinions federal register fr tomorrows fr fr and cfr archive state regs itar. 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. Everything we thought we knew about itar is wrong oxebridge.
Understanding the itar ear export control regulations regarding the release of controlled technology or technical data robert mchale, esq. Ear export administration regulations itar is more stringent than ear because itar covers articles that have direct defenserelated applications. Ddtc publishes itar carveout for encrypted technical data. 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. Theres actually three areas of export control laws. 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. Paragraphs a1 through 3 of this section describe or explain the elements. International traffic in arms regulations itar control the export and import of defenserelated articles and services on the united states munitions list usml. 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.
Itar compliance is about understanding regulations and implementing a process to ensure your company does not inadvertently violate the regulations. Download the electronic code of federal regulations in xml. These two agencies and their regulations govern all exports made by aerosample. Itarear faq what government contractors need to know.
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. Many people have some awareness of the itar, but far fewer know about or understand the ear. 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. 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. 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.
The ear are applicable to dualuse items that have both commercial and military applications, as well as to items with purely commercial application. Learn the basics of the itar and the ear so you can enhance your skills and minimize your companys risk. If your company falls under these categories, the following information will help answer some of your questions as. The united states also has separate and more specialized export control regulations, such as the itar, that govern the most. Munitions list usml categories, and the reimposition of the office of foreign assets control. 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. 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. 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. 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. The updated, but unofficial, version of the itar is provided by ecfr. Suzanne palmer, president, export compliance solutions, is a former licensing officer at the state department, directorate of defense trade controls ddtc, and.
Security program operating manual nispom and the international traffic in arms regulations itar under certain circumstances. Both the ear and the itar govern exports to foreign nationals. Ear export administration regulations ear export control. Each eseminar is 9 hours long and offers comprehensive training that is broken down into modules agenda that can be.
The export administration regulations or ear, administered by the commerce department. Department of commerce, export administration regulations ear all starts with the initial design of the product. Refresher training is available by studying these online materials, which are continually updated. Export administration regulations ear international traffic in arms regulations itar 2 day boot camp april 2728, 2016. While there is no compliance certification for the itar, microsoft. These apply to commercial products that have some use in the military or intelligence area and the u. Differences between itar and ear itar22 cfr 120 ear 15 cfr 730774 covers military items or defense articles. Regulates goods and technology designed to kill or defend against death in a military setting. Description 22 cfr parts 120 this book covers export and import of defense articles and defense services regulations. Thereafter, each employee must pass an annual update exam, located in this section. Mark stevens of aei went over the application of itar, as well as ear, fars and dfars, in an as9100 setting. Department of commerces bureau of industry and security bis under the export administration regulations the ear. A thorough understanding of both is essential for any trade compliance program. 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.