ITAR Compliance System

International Traffic in Arms Regulations (ITAR)

What is ITAR?

ITAR is a set of United States government regulations that authorizes the President of the United States to control the export and import of defense-related articles and services. It can be found in Subchapter M, Title 22, Code of Federal Regulations (CFR), Parts 120 through 130 (22 CFR 120-130).

ITAR consists of requirements for:

	the US munitions list
	registration of manufacturers and exporters
	licenses for the export of defense articles
	agreements, off-shore procurement and other defense services
	licenses for the export of technical data and classified defense articles
	policies and provisions
	violations and penalties
	administrative procedures
	registration and licensing of brokers
	political contributions, fees and commissions

The following diagram graphically presents this concept with the relevant part numbers. Click on the diagram to see the contents.

Who is affected by ITAR?

ITAR will affect those involved in the manufacturing, distribution and regulation of:

	aircraft and related articles
	amphibious vehicles
	cartridge and shell casings
	chemical agents
	firearms
	forgings, castings and machined bodies
	military demolition blocks and blasting caps
	military explosives and propellants
	military fuel thickeners
	military end-items, components, accessories, attachments, parts, firmware, software and systems
	vessels of war and special naval equipment and
	missile control.

This includes:

	regulators
	clients and their suppliers, contractors, consultants, lawyers and translators
	employers and their employees

Who are the ITAR Regulators?

The primary ITAR regulator is the US Department of State and in particular the US Directorate of Defense Trade Controls (DDTC).

The Department of State interprets and enforces ITAR.

The Directorate of Defense Trade Controls (DDTC), Bureau of Political-Military (PM) Affairs, is charged with controlling the export and temporary import of defense articles and defense services covered by the United States Munitions List (USML) in accordance with:

	the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780) (Section §§ 38-40) and
	the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130).

The mission of the DDTC is to advance national strategic objectives and U.S. foreign policy goals through timely enforcement of defense trade controls and the formulation of defense trade policy.

Consequently it is involved in:

	adjudicating license applications for exports of defense articles and services
	handling matters related to defense trade compliance and enforcement and
	providing reports to the US Congress and the public on defense trade.

Both the Department of State and the DDTC often work together with:

	US Immigrations and Customs Enforcement (ICE)
	US Defense Criminal Investigative Service
	Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) - Department of Justice (DoJ)
	Bureau of Industry and Security (BIS) - Department of Commerce (DoC)
	US Bureau of Political-Military (PM) Affairs
	Defense Security Cooperation Agency (DSCA)
	Defense Technology Security Administration (DTSA)
	Government Printing Office (GPO)
	North Atlantic Treaty Organization (NATO)
	Society for International Affairs

What are the consequences for non-compliance with ITAR?

Consequences for non-compliance with ITAR can be:

	license denials
	fines & imprisonment (export & brokering)
	corrective and preventative orders (consent agreements and compliance programs) and
	trade embargos.

For example, the Bureau of Political-Military (PM) Affairs is authorized (22 CFR 127.10) to impose civil penalties for violations of:

	the International Traffic in Arms Regulations (ITAR) and
	the Arms Export Control Act (AECA).

Imposition of civil penalties generally includes:

	the payment of fines to the U.S. Treasury and
	a Consent Agreement, under which the company is required to institute enhanced compliance measures.

Special ITAR country requirements

	Afghanistan Licensing Guidelines (OEF).
	Canada - Canadian Crown corporations
	Canada - FAQs Regarding Export Licensing
	Canada - Overview of US Export Licensing Requirements
	Embargo Reference Chart
	Haiti - Defense Trade Policy Update
	Iraq Licensing Guidelines (OIF).
	Libya - Defense Trade Policy Update
	Thailand - Defense Trade Policy Notice
	Venezuela - Defense Trade Policy Update