What Are ITAR Regulations?
The International Traffic in Arms Regulations (ITAR) has been “on the books” since the 1970’s, and companies have been trying to meet ITAR requirements for the same amount of time. ITAR is a set of U.S. government regulations on the import and export of defense-related articles and services.
While most companies know about the physical components that are covered under ITAR compliance, many business owners don’t realize that technical data and services are also included in the USML list, and therefore subject to ITAR controls.
In a global marketplace, many industries require their supply chain to be “ITAR Compliant,” and in most cases, to be ITAR compliant you must first register with the Directorate of Defense Trade Controls (DDTC).
In addition, ITAR compliance requires that your company comply with all requirements outlined in the regulations and enforced by the State Department.
While the strict regulation of defense articles may seem extreme, ITAR regulations are designed to help ensure that technology, data, and services with military/defense applications do not fall into the hands of foreign governments.
As a result, all manufacturers, exporters, and distributors of defense articles or related technical data and services are required to abide by ITAR requirements.
Do ITAR Regulations Apply To My Business?
In many ways, ITAR regulations are broad, and this can lead to grey areas for interpretation. Realizing the burden these vague requirements have on businesses, the government has made efforts in recent years to make ITAR more clearly defined.
ITAR is a stringent set of regulations written to cover various categories to include articles with direct defense services. Most products, technology, or data that are designed for military end-use are considered United States Munitions List (USML) items. This also includes items subject to Missile Technology Control Regime (MTCR).
In general, ITAR applies to items that have “capacity for substantial military utility or capacity” like firearms, tanks, naval vessels, and attack helicopters. Even if you are not involved in the manufacturing of these ITAR-controlled items, your company is subject to import/export control if you are involved with export licenses, education, or other indirect services.
Export Solutions can work with you to determine if any part of your business is subject to USML item regulations, and here are a few steps that you can take to understand your needs.
Determining if your company produces or exports items on the USML or CCL is the first step to understand if your business is subject to ITAR. You can conduct this research on your own, but without an ITAR regulation specialist, you could be at risk for missing a small (but crucial) detail.
ITAR is a complex set of rules that can have expensive consequences if you do not abide by the compliance regulations.
If your company works with ITAR-controlled items on the USML, then you will most likely need to register with the DDTC. Registration with the US State Department is mandatory and requires that you take specific steps and pay set fees based on details of your operations.
It is wise to work with an ITAR consultant before you begin exporting anything. This is because a consultant will review your operations to ensure that you are always in compliance because you are responsible if your shipment ends up with a foreign government that is deemed a national security risk.
You will need to track all classified ITAR-controlled items to remain in compliance with the wide range of regulations. Ongoing compliance means that all relevant employees must know the laws that regulate your industry from the beginning to the end-user.
We offer a range of ITAR training courses to help you and your staff remain in compliance, and these can help prevent steep violations from hitting your bottom line. While the U.S. government does not recognize ITAR Certification courses, the State Department has shown a trend of lending favorable rulings to companies who have gone through proactive training.
Export Licences are used to process ITAR-controlled items when permanent or temporary exports are required. The State Department maintains some debarment lists for countries across the world, and if you want to export to one of these countries, then you will likely be denied.
The US Government offers several provisions to make the export license process more comfortable, but you are still responsible for all internal trade even if a country is not updated on the lists.
A professional ITAR compliance specialist can help your company understand what you are responsible for and help guide you through the complicated processes of international traffic.
Secure ITAR Regulations For Your Company
You can’t risk violating ITAR, and the best way to ensure your ongoing success is by partnering with the ITAR consultants at Export Solutions.
Take the first steps to secure your business and prevent unnecessary headaches so you and your employees can focus on your business.
Our ITAR specialists are standing by and ready to talk with you today. Claim your no-charge ITAR consultation today!