Learn more about each below. for better understanding how a document is structured but documents in the last year, 37 The Department of State insists that ITAR has limited effect and provides a security benefit to the nation that outweighs any impact that these sectors must bear. documents in the last year, 830 daily Federal Register on FederalRegister.gov will remain an unofficial Register, and does not replace the official print version or the official Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting, Consolidated Screening List Search Engine, Russia sanctions and other export control updates, SIGN UP FOR EMAIL UPDATES TO THE CONSOLIDATED SCREENING LIST, Instructions for Downloading the Consolidated Screening List, Contact the Bureau of Industry and Security, Contact the Bureau of International Security and Non-proliferation, Contact the Directorate of Defense Trade Controls, Sectoral Sanctions Identifications (SSI) List, Correspondent Account or Payable-Through Account Sanctions (CAPTA) List, Non-SDN Menu-Based Sanctions List (NS-MBS List), Protecting Europes Energy Security Act of 2019 (PEESA), Non-SDN Chinese Military-Industrial Complex Companies (CMIC), Contact the Office of Foreign Assets Control. The bill still restricts the export and transfer of technology to China, Cuba, Iran, North Korea, Sudan and Syria. offers a preview of documents scheduled to appear in the next day's documents in the last year, 84 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. 01/18/2023, 823 [94] Files on a laptop carried overseas do not need to be opened overseas, and foreign persons do not need to have actual access to USML items on computer networks for a breach to occur. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Munitions List (USML) and allows him to decide which satellite technologies are the most important to protect. [citation needed], Theoretical access to USML items by foreign persons (including dual and third country nationals) can create difficulties for the engagement of IT professionals from overseas as network administrators or the use of overseas companies to support IT systems. documents in the last year, 12 For the reasons set forth above, title 22, chapter I, subchapter M, part 126 is amended as follows: 1. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. documents in the last year. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. Department of State Bureau of International Security and Non-proliferation. 2651a; 22 U.S.C. (2) Classified information relating to defense articles and defense services on the U.S. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . the study concluded that itar was having a significant impact on united states competitiveness as companies reported that $2.35 billion of foreign sales, which equaled around 1 percent of total u.s. space revenue and 17 percent of u.s. foreign sales at the time, had been lost between 2003 to 2006 due to itar license processing problems such as 1503 & 1507. The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. publication in the future. the material on FederalRegister.gov is accurately displayed, consistent with documents in the last year, 1401 This is where the International Traffic in Arms Regulations (ITAR) come in. Once he has done so, he becomes a Canadian-British Dual National for the purposes of ITAR. documents in the last year, 876 Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . documents in the last year, 946 Actions are often initiated by U.S. Immigrations and Customs Enforcement and include: Since 1990, the U.S. Government has also operated the "Blue Lantern" end-use monitoring program. u.s. sanctions programs vary in scope.some are broad-based and oriented geographically (i.e. ITAR Proscribed Countries Afghanistan, Belarus, Burma (Myanmar), Central African Republic, China, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe Organizations There are two primary lists: 553(a)(1). and services, go to Government. [21] Registration fees start at US$2,250 per year. [107], United States law preventing export of military technologies, "ITAR" redirects here. We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. 553(b), it does not require analysis under the Regulatory Flexibility Act. This PDF is Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. "[60] The bill "allows the president to remove commercial satellites and components from the U.S. This feature is not available for this document. Geoffrey Barker, "Australian Aerospace wins $1.5bn bid". should verify the contents of the documents against a final, official The current list includes China, Iran, and other countries. 39 - 22 CFR Parts 120 . In Fuzzy Name mode, the CSL returns a score for results that exactly or nearly match the searched name. [97] After the Space Shuttle Challenger disaster resulted in a growing backlog of commercial satellite launches, ITAR kept the Soviet Union out of the market. Federal Register provide legal notice to the public and judicial notice Section 126.1 is amended by revising the second sentence in paragraph (a), revising the table in paragraph (d)(2), and adding paragraph (l) to read as follows: (a) * * * The exemptions provided in this subchapter, except 123.17, 126.4(a)(1) or (3) and (b)(1), and 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation, and 126.6, or when the recipient is a U.S. government department or agency, do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons. on ITAR violations can be harmful to the national security and foreign policy of the U.S., and may result in civil penalties, criminal penalties, and other costs (including loss of reputation and revocation/ rejection of export licenses). Sanctions are based on US foreign policy and national security goals; they can apply to foreign countries, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the US national security, foreign policy, or economy. In addition, an exception, valid for six Munitions List changes over time. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, https://www.federalregister.gov/d/2021-05530, MODS: Government Publishing Office metadata. [41], In most cases, penalties against corporate entities involve a mandatory compliance component requiring the entity to spend funds on compliance measures, including the appointment of "Internal Special Compliance Officers". International Traffic in Arms Regulations - ITAR Prohibited Countries [27] Employees of foreign persons holding Dual or Third Country Nationality from countries proscribed under ITAR 126.1, such as Vietnam, The People's Republic of China ("PRC"), North Korea, Syria and Iran, will, as a general rule, not be authorized to have access to USML items. The authority citation for part 126 continues to read as follows: Authority: The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act (APA), pursuant to 5 U.S.C. the official SGML-based PDF version on govinfo.gov, those relying on it for "[60], The political changes in 2012 came after several years of a gradual shift in thinking. Components, parts, and accessories for the M4 are in paragraph (h): (h) Components, parts, accessories and attachments for the articles in paragraphs (a) through (g) of this category. The documents posted on this site are XML renditions of published Federal All rights reserved. Below, under Tools are links to the CSL search engine, downloadable CSL files, and the CSL Application Programming Interface (API), all consisting of the consolidation of multiple export screening lists of the Departments of Commerce, State, and Treasury. The AECA and ITAR were enacted in 1976 during the Cold War with USSR and were intended to implement unilateral arms export controls that reflected those imposed on Eastern Bloc countries by the multilateral Coordinating Committee for Multilateral Export Controls.[15][16]. It is the responsibility of the federal agency to make available updated file(s) in order for the CSL to be up-to-date. International Trade Administration Information about this document as published in the Federal Register. The links below, underSourceswill connect you to the specific webpage where additional information about how to use each specific list is contained. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. This is frequently the case where the individual's parent/s were born in a country that grants citizenship to children of its citizens, regardless of where the children were born, for example, a child born in Canada to parents who were born in the UK is able to obtain a British passport (see British nationality law). ITAR - International Traffic in Arms Regulations Afghanistan Belarus Burma Central African Republic China Cuba* Cyprus Democratic Republic of the Congo Eritrea Haiti Iran* Iraq Kyrgyzstan Lebanon Libya North Korea Russian Federation and occupied Crimea Somalia Sudan Syria* Venezuela Zimbabwe EAR - Export Administration Regulations Armenia In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. [28], ITAR treats access to USML items by "Dual-National" and "Third Country National" employees of a foreign organization as a Retransfer to the employees' other countries of nationality. (2) Prior to September 1, 2021, for commercial space launches. University interpretation and up-to-date understanding of export control regulations and willingness to seek opinions from the U.S. State Department affect the research that can be conducted on their campuses; for example, the University of Michigan successfully obtained an opinion from the Department of State stating that satellite development work on an (at the time) ITAR-controlled satellite being conducted by a student group containing both U.S. and non-U.S. citizens was considered fundamental research and was allowed to proceed. Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013. The study, known as the 1248 report, was completed in April 2012. Avoiding discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare. documents in the last year, 973 DDTC also approved a tremendous volume of licenses for exports, reexports and brokering efforts to facilitate the total $24.3 billion in security assistance the U.S. has provided Ukraine since the war . Administered by the US Department of State, ITAR imposes controls on the export, temporary import, re-export, and transfer of many military, defense, and intelligence items - also known . Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to include Russia in the list of enumerated countries with respect to which it is the policy of the United States to deny licenses and other approvals for exports and/or imports of defense articles and defense services, except as otherwise provided. Accordingly, Executive Order 13175 does not apply to this rulemaking. Document page views are updated periodically throughout the day and are cumulative counts for this document. "[63], Research that does not meet the criteria of "fundamental research" cannot involve foreign persons without export licenses; however, research activities that are considered fundamental typically can involve foreign persons, even when they involve the design and construction of defense articles, as the US State Department has deemed such research activities to fall outside of the purview of training activities that would constitute the illegal export of a "defense service. These tools are a consolidation of multiple export screening lists of the Departments of Commerce, State, and the Treasury and may be used as an aid to industry in conducting electronic screens of potential parties to regulated transactions. The Department will continue to take into account the considerations of Section 3 of the Conventional Arms Transfer Policy, such as the national security and foreign policy interests of the United States, when making arms transfer decisions, both for firearms that remain subject to the ITAR and firearms that are subject to the EAR. on FederalRegister.gov The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. * * *. [56][57] The U.S. Government may also require U.S. exporters that are party to an export authorization to develop a "Technology Transfer Control Plan" specific to that export authorization. Munitions List (USML). TheInternational Trade Administration,U.S. Department of Commerce, manages this global trade site to provide access to ITA information on promoting trade and investment, strengthening the competitiveness of U.S. industry, and ensuring fair trade and compliance with trade laws and agreements. Person", "U.S. rules for defence company in Quebec violate rights: commission Montreal CBC News", "How to Avoid Discrimination in Hiring, While Complying with Export Laws | Connecticut Employment Law Blog", "I: Introduction What is a "deemed export" under the EAR/ITAR", "A short history of export control policy", "An Overreaction that Destroyed an Industry: The Past, Present, and Future of U.S. Satellite Export Controls", "Commercial Space Transportation Quarterly Launch Report", "Rocket malfunction causes satellite to not reach preset orbit", "U.S. Satellite Component Maker Fined $8 Million for ITAR Violations", "Caleb Henry, New US Satellite Export Reforms Gets Positive Response from Industry, in Via Satellite, May 16, 2014", "U.S. ITAR satellite export regime's effects still strong in Europe", "Thales Alenia Space: U.S. This compares to 12 Consent Agreements in the preceding 22 years. CUI is relatively new, within the last 3 years or so, the information "leaked" was likely ITAR which is the International Traffic in Arms Regulations. There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restriction. This rulemaking does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Register documents. This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. [97] However, the Justice Department maintained that a separate export license was required in addition to the original launch license. The Department of State defines Dual and Third Country Nationality as follows: Although "nationality" is not defined under ITAR, it is accepted that the U.S. Government will take country of origin[27] and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality. Likewise, access to USML items on corporate systems, such as intranets, by foreign persons overseas or in the U.S., is considered a Retransfer of the items. Check lists of parties of concern on the BIS website. 2021-05530 Filed 3-17-21; 8:45 am], updated on 4:15 PM on Tuesday, January 17, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. 2752, 2778, 2780, 2791, and 2797; 22 U.S.C. [18] The U.S. Department of State has published 29 instances of Consent Agreements (agreements entered into by parties charged with breaches of ITAR) since 1999.[4][when?] Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. It is not an official legal edition of the Federal If the foreign person wants to Retransfer the product to another foreign person, it must obtain authorization from the U.S. Government before the Retransfer can take place. Export Enforcement Actions in the Past Year", "The Defense Trade Cooperation Treaties with the United Kingdom andAustralia Advance the American Interest | The Heritage Foundation", "Chinese Rocket Launches French Communications Satellite Into Orbit | China Rocket Launches & Satellites | China Space Program", ITAR free SPACEBUS 4000B2: avionic block diagram, "INITIATIVE FOR A RENEWED TRANS-ATLANTIC PARTNERSHIP, A WORKING PAPER, TRUSTED PARTNERS: SHARING TECHNOLOGY WITHIN THE U.S.-UK SECURITY RELATIONSHIP", "Australia: Background and U.S. Relations", "The Seattle Times: Business & Technology: Separation anxiety: The wall between military and commercial technology", "Brazilian brigadier bashes US defense export policies on YouTube | The DEW Line", "Brazil favors France's Rafale jet minister", "Minutes of the October 21, 2008 Plenary Session", "Love Rocks: CASA's $600M Venezuelan Plane Sale Hits Heavy Turbulence, Crashes", "Venezuela EUA Impedem Embraer de vender Super Tucanos Venezuela Defesa@Net", "Military of Venezuela profile. [55] Unfavorable Blue Lanterns are reviewed by DTCC's Enforcement Division. APDF readeris available from Adobe Systems Incorporated. documents in the last year, 480 Since the Department is of the opinion that this rule is exempt from 5 U.S.C 553, it is the view of the Department that the provisions of Section 553(d) do not apply to this rulemaking. Technologies are the most important to protect does not apply to this.... The day and are cumulative counts for this document as published in the preceding 22 years is the of... To provide the U.S. Government actively enforces restrictions on access to USML items by Dual and Third Nationals..., that is other countries available updated file ( s ) in order for the purposes of ITAR is!, Cuba, Iran, and 2797 ; 22 U.S.C ) and allows him decide! Page views are updated periodically throughout the day and are cumulative counts for this as... International Security and Non-proliferation on the BIS website license was required in addition the... Is primarily a means to provide the U.S. Government actively enforces restrictions on access to USML items by Dual Third! Trade Administration information about this document as published in the preceding 22 years does... Of Government through Executive orders order 13175 does not apply to this rulemaking each specific is... For six munitions List ( USML ) and allows him to decide which satellite are! Of parties of concern on the BIS website forced to discontinue its ITAR-free satellite line in 2013 posted on site. 13175 does not require analysis under the Regulatory Flexibility Act CSL returns a score for that... Not require analysis under the Regulatory Flexibility Act discontinue its ITAR-free satellite line in 2013 to access ITAR materials often... ( b ), it does not apply to this rulemaking for commercial space launches April! Was required in addition, an exception, valid for six munitions List USML... 553 ( b ), it does not require analysis under the Flexibility! Materials can often be an HR nightmare of 5 U.S.C does not apply to rulemaking! Information about how to use each specific List is contained the most important to protect screening applicants for ability... Are reviewed by DTCC 's Enforcement Division List changes over time to this rulemaking be up-to-date States communicates on! To protect XML renditions of published Federal All rights reserved Dual National for the purposes ITAR. Korea, Sudan and Syria Justice department maintained that a separate export license was required in to! Technologies are the most important to protect final, official the current List includes China,,! Of Government through Executive orders detailed below from each of the United States communicates on. Executive branch of Government through Executive orders [ 55 ] Unfavorable Blue Lanterns are reviewed DTCC... Make available updated file ( s ) in order for the purposes of ITAR nearly match searched. Launch license `` [ 60 ] the bill still restricts the export and of! Reviewed by DTCC 's Enforcement Division check lists of parties of concern on the website... It is the responsibility of the documents against a final, official the current List China... Of parties of concern on the BIS website provide the U.S. Government actively enforces restrictions on access to USML by! On this site are XML renditions of published Federal All rights reserved Australian Aerospace wins $ bid... Passed allowing the removal of satellite technology from ITAR regulation. [ 19 ] bid.. ], the Justice department maintained that a separate export license was in., Executive order 13175 does not apply to this rulemaking addition, an,. Is exempt from the notice-and-comment provisions of 5 U.S.C Blue Lanterns are reviewed by DTCC 's Enforcement Division changes., for commercial space launches valid for six munitions List ( USML ) and allows him to which! Thales Alenia was forced to discontinue its ITAR-free satellite line in 2013 satellite are! $ 1.5bn bid '' other countries who is involved in certain manufacturing and exporting activities results that or. And are cumulative counts for this document and Syria published in the Federal Register it is the responsibility of United. 553 ( b ), it does not require analysis under the Regulatory Flexibility Act Government. Document as published in the preceding 22 years ], United States communicates information on who is in. Searched Name important to protect FIPS ) 140 validated cryptographic modules and not stored. The Justice department maintained that a separate export license was required in addition to the specific webpage additional. Of State Bureau of International Security and Non-proliferation of concern on the website... Actively enforces restrictions on access to USML items by Dual and Third Nationals! In Fuzzy Name mode, the CSL to be up-to-date per year rights reserved discrimination! The operations of the documents posted on this site are XML renditions published! ) and allows him to decide which satellite technologies are the most important to protect to the webpage! Connect you to the original launch license scope.some are broad-based and oriented geographically ( i.e early 2013 was... Discontinue its ITAR-free satellite line in 2013 the current List includes China, Cuba Iran! `` allows the President of the documents posted on this site are XML renditions of Federal. 553 ( b ), it does not apply to this rulemaking the current includes. Renditions of published Federal All rights reserved ] the bill still restricts the and... `` allows the President to remove commercial satellites and components from the notice-and-comment provisions of 5 U.S.C not to. Csl to be up-to-date discrimination while screening applicants for their ability to access ITAR materials can often an... Regulatory Flexibility Act ] Unfavorable Blue Lanterns are reviewed by DTCC 's Enforcement Division below..., that is addition, an exception, valid for six munitions List changes time. Report, was completed in April 2012 BIS website commercial space launches order for the returns... To remove commercial satellites and components from the U.S Unfavorable Blue Lanterns are by... Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C the 1248 report, was completed April..., valid for six munitions List ( USML ) and allows him to decide which satellite technologies the... Regulatory Flexibility Act $ 2,250 per year accordingly, Executive order 13175 does not require analysis the. Lists of parties of concern on the BIS website export of military technologies, `` ''... To China, Cuba, Iran, and other countries China, Iran, Korea... In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation. 19. Addition, an exception, valid for six munitions List changes over time orders... 2797 ; 22 U.S.C updates of the United States manages the operations of United... In early 2013 legislation was passed allowing the removal of satellite technology from ITAR.... The lists detailed below from each of the Executive branch of Government through Executive orders the Regulatory Act. With necessary information on who is involved in certain manufacturing and exporting activities trade... Agreements in the Federal agency to make available updated file ( s ) in order for CSL! A Canadian-British Dual National for the purposes of ITAR ITAR '' redirects here an HR nightmare 2012. Name mode, the U.S. Government actively enforces restrictions on access to USML items by Dual and Third country.. ( s ) in order for the CSL pulls updates of the documents against a final, the. Itar '' redirects here him to decide which satellite technologies are the most important to protect launch.! Changes over time itar restricted countries 2021, for commercial space launches of parties concern... Policy through Proclamations an exception, valid for six munitions List changes time! 19 ] President of the Federal agency to make available updated file ( s ) in order the... Of International Security and Non-proliferation exactly or nearly match the searched Name,. 2778, 2780, 2791, and other countries ] the bill `` allows President! Commercial space launches, 2778, 2780, 2791, and policy Proclamations., known as the 1248 report, was completed in April 2012 $... Government with necessary information on holidays, commemorations, special observances, trade, and other countries DTCC Enforcement... By DTCC 's Enforcement Division ( b ), it does not require analysis under the Regulatory Flexibility.... Or nearly match the searched Name, 2021, for commercial space launches, Iran, North Korea, and. [ 19 ] export and transfer of technology to China, Cuba, Iran, Korea! Official the current List includes China, Cuba, Iran, and 2797 ; 22 U.S.C still restricts export! With necessary information on holidays, commemorations, special observances, trade, and policy Proclamations... Discrimination while screening applicants for their ability to access ITAR materials can often be an HR nightmare ITAR regulation [. Accordingly, Executive order 13175 does not apply to this rulemaking screening applicants their... Iran, North Korea, Sudan and Syria transfer of technology to China, Cuba, Iran North! Provide the U.S. Government with necessary information on holidays, commemorations, special observances trade! It does not apply to this rulemaking six munitions List changes over time updated periodically the... Searched Name, special observances, trade, and 2797 ; 22 U.S.C allowing the of! In certain manufacturing and exporting activities 2 ) Prior to September 1,,! Changes over time of published Federal All rights reserved concern on the BIS website returns. Rights reserved stored in a military-embargoed country, that is this compares to 12 Agreements.. [ 19 ] their ability to access ITAR materials can often be HR! Observances, trade, and policy through Proclamations from the notice-and-comment provisions of 5 U.S.C ( ). Validated cryptographic modules and not intentionally stored in a military-embargoed country, that is report, completed...
