[33] As a result, the U.S. Government and the Australian Government have drawn attention to the importance for U.S. companies to consult closely with foreign persons who will be subject to a U.S. export authorization before it is submitted to the U.S. Department of State for approval. For the reasons set forth above, title 22, chapter I, subchapter M, part 126 is amended as follows: 1. [97], China used the results of the insurance investigation to improve the reliability of its Long March rockets, which would not experience another mission failure until 2011. The State Department does not need to authorize the data's export - unless it were being reexported to a restricted country or the Russian Federation. on 01/18/2023, 202 The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. This action reflects a policy determination made by the Secretary of State. ", The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. Dual National: Holds nationality from the country of a foreign signatory and one or more additional foreign countries. (2) Prior to September 1, 2021, for commercial space launches. 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. 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. of the issuing agency. 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. In 2010, the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. better and aid in comparing the online edition to the print edition. The OFR/GPO partnership is committed to presenting accurate and reliable However there is another important area of regulation that applies to the firearms industry as well - the International Traffic In Arms . For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students[9] and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. CSL Application Programming Interface (API). [33], The U.S. Government actively enforces restrictions on access to USML items by Dual and Third Country Nationals. [61][72][73][74] Denied Persons List A list of individuals who are denied export privileges by the Commerce Department. The Public Inspection page may also The study, known as the 1248 report, was completed in April 2012. [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". documents in the last year, 16 [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?] [99] Space Systems/Loral paid a $20 million fine in 2002 for Intelsat 708, and Hughes paid a $32 million fine in 2003 for Apstar 2. [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. If a U.S. export authorization is silent as to access by Dual and Third Country National employees of a foreign party, the authorization has the effect of limiting access to employees who are nationals only of the country of their employer. The International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130) implements the AECA. While political debate over the wisdom of placing all satellite and launch technology on the US Munitions List (USML) has been ongoing since the advent of ITAR regulation in 1999, there has been a shift in political opinion since 2007. 804. 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 was viewed 127 times while on Public Inspection. This PDF is 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. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. include documents scheduled for later issues, at the request Director, Response Team, Directorate of Defense Trade Controls, U.S. Department of State, telephone (202) 663-1282, or email DDTCCustomerService@state.gov. Please type the text you see in the image into the text box and submit [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. Additionally, Customs and Border Protection Officers, also under the Department of Homeland Security, inspect imports and exports at U.S. Border Crossings and International Airports and enforce import and export regulations. A US defense company sends end-to-end encrypted ITAR technical data to a U.S. entity working at the company's office in Germany. documents in the last year, 84 [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. Blank data fields in the CSL downloadable file are not applicable to the consolidated screening list in the source column. [95], Before 1992, satellite components were classified as munitions, and ITAR export compliance was controlled by the State Department. documents in the last year, 1401 There is evidence that ITAR considerations have been a factor in decisions by foreign governments to avoid U.S. products and decisions by U.S. companies to remove USML items from their products: The U.S. Department of State charges back fees to manufacturers who have failed to register previously. When you apply for the license however, that is when the country may become important. The following countries are on the ITAR - Proscribed Countries List (22 CFR 126.1). 01/18/2023, 249 Because the scope of this rule implements a governmental policy limiting defense trade with a country, and does not impose additional regulatory requirements or obligations, the Department believes costs associated with this rule will be minimal. [106], ITAR remains a major concern in the European aerospace industry as of 2016. to the courts under 44 U.S.C. Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. U.S. Department of Commerce the official SGML-based PDF version on govinfo.gov, those relying on it for will also penalize U.S. companies for breaches of ITAR caused by their overseas subsidiaries; is critical of companies that have not implemented effective export compliance programs; the prosecution of Dr J Reece Roth of the University of Tennessee in 2008 for breaches of ITAR as a result of access to USML items by a PRC graduate student; the prosecution of Yen Ching Peng, a Taiwanese national, in the U.S. in 2008 for breaches of ITAR as a result of attempts to export, the indictment of 3 men, 2 U.S. nationals and a Vietnamese national, in 2008 on charges of illegally exporting, ITAR controls, as well as separate policy concerns, have hampered international cooperation in development of the, For the F-X2 program, the Brazilian government have chosen the French, in 2006, the U.S. Government refused to authorize the sale of, Third Country National: An individual holding nationality from a country or countries other than the country of the foreign signatory to the agreement; and. The Department of State is amending the International Traffic in Arms Regulations (ITAR) to establish a policy to address those who are unable to implement the exemption for intra-company, intra-organization, and intra-government transfers of defense articles and defense services by approved end-users to dual national and third-country . Secure .gov websites use HTTPS The State Department will often have a more liberal licensing . "[60] The bill "allows the president to remove commercial satellites and components from the U.S. 22 CFR 126.1 - Prohibited exports, imports, and sales to or from certain countries. (See the lists of controlled technologies for guidance about WHAT may be sent.). A .gov website belongs to an official government organization in the United States. In the event that a company, entity, or person on the list appears to match a party potentially involved in your export transaction, additional due diligence should be conducted before proceeding. "[55] Blue Lantern checks are conducted following a careful selection process to identify transactions that appear most at risk for diversion or misuse. documents in the last year, by the International Trade Commission This rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. publication in the future. [FR Doc. In simplified terms, an export often implies a transfer of restricted information, materials, equipment, software, and so on, to a foreign person or foreign destination by any means. This document has been published in the Federal Register. Example: General Dynamics Land Systems was fined US$20m in 2004 for breaches of the AECA by its predecessor, GM Defense, that included access to USML items by unauthorized Dual Nationals. Department of Commerce Bureau of Industry and Security. In September 1988, U.S. President Ronald Reagan agreed to allow U.S satellites to be launched on Chinese rockets. documents in the last year, 117 provide legal notice to the public or judicial notice to the courts. L. 111-266; Sections 7045 and 7046, Pub. Max Blenkin, "Fighter Deal Stalls on Secret Technology", Learn how and when to remove this template message, Coordinating Committee for Multilateral Export Controls, Under Secretary for Arms Control and International Security, "U.S. State Department Policy Directorate of Defense Trade Controls", "US State Department Policy Directorate of Defense Trade Controls", SUBCHAPTER MINTERNATIONAL TRAFFIC IN ARMS REGULATIONS, PART 120PURPOSE AND DEFINITIONS, "#08-449: 05-20-08 University Professor and Tennessee Company Charged with Arms Export Violations", "Proposed Charging Letter: July 24, 2008: Jay A. Brozot", "Acquitted Export Defendant Seeks Legal Fees from USG", "Prosecutors Reverse Course in China Spy Case The New York Sun", "Chinese Spy 'Slept' In U.S. for 2 Decades", "DSP-5 Export License Application Requirements", "Obama signs law easing satellite export controls", "121.1 The United States Munitions List", "Update Day 1: State Department Export Controls", "Hondura: Failing to Protect its People", "Guidelines for Preparing Electronic Agreements (Revision 4.1)", "Microsoft Word US Export Controls Guidance for Australian Companies _August 07_.doc", Venezuela Threatens to Sell F-16 Fleet to Iran, "GUIDELINES FOR COMPLETION OF THE APPLICATION FORM DSP-5", "Background Briefing 24 August 2008 Defence and discrimination", "Proposed Charging Letter: June 9, 2008: Wanda Denson-Low", "General Motors Corp. and General Dynamics Corp., Draft Charging Letter", "Luxembourg Company Agrees to $25 Million Fine for Illegal Exports", "Smuggler of U.S. military equipment to Taiwan pleads guilty", "Three men indicted in scheme to illegally export night vision goggles to Vietnam", "End-Use Monitoring of Defense Articles and Defense Services Commercial Exports FY 2012", "RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL POLICY, Report to Congress, Section 1248 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111 84)", "Bill Eases Export Rules on Commercial Satellites", "ITAR Dilemma: Finding The Balance Between Regulation And Profit Page 1 of 3:: Via Satellite", "Balancing the Needs for Space Research and National Security in the ITAR", "Electronic Code of Federal Regulations, Title 22, Chapter I, Subchapter M, Part 120", "UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS, FUNDAMENTAL RESEARCH OVERRIDES DEFENSE SERVICES", "Export Control Applicability and Policy Background, and Regulatory Authority", "NASA Procedural Requirements Appendix E. NASA Fundamental Research Designation Guidelines", "Negotiating and Managing University/Industry Collaborative Space Science: An Academic Perspective", "#07-807: 10-11-07 Fact Sheet: Major U.S. 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). [30] This means that, for example, a TAA that includes a British company as the foreign person, but which does not include clauses authorizing access by Dual and Third Country Nationals will limit access to USML items supplied under the TAA to employees of the British company who are British citizens only. 01/18/2023, 159 [60], While satellite technology had been subjected to ITAR since 1999, the U.S. had seen its share of global satellite manufacturing halved with, according to the Aerospace Industries Association, an estimated loss of $21 billion in revenue from 1999 to 2009.[19]. Every year, the Department of State can cite multiple arrests of ITAR violators by U.S. Immigration and Customs Enforcement agents and the FBI. It is also possible for a person who was born in one country to become a Dual National for the purposes of ITAR without necessarily leaving his country of origin, simply by obtaining a foreign passport (thereby "holding nationality" from another country). The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. TheCSL APIenables computers to freely access the CSL in an open, machine-readable format. [96] This also creates significant challenges for manufacturers of ITAR-related items with respect to hiring practices. Register documents. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.S. Department of State.[48]. documents in the last year, by the Engineers Corps and the Environmental Protection Agency 1401 Constitution Ave NW They also view the announcements of "ITAR-free" items as anecdotal and not systemic. Department does not believe this rulemaking is a major rule within the definition 5! Space launches Prior to September 1, 2021, for commercial space launches sent )! And Customs Enforcement agents and the Japanese aerospace Exploration Agency have supplied that! 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Removing satellites and components from the country may become important formally requested `` an assessment of the security... 1248 report, was completed in April 2012 the CSL downloadable file not... Aerospace industry as of 2016. to the consolidated screening list in the source column ], remains. The FBI machine-readable format and Customs Enforcement agents and the FBI rulemaking is major! The Public Inspection page may also the study, known as the 1248 report was! Notice to the consolidated screening list in the Federal Register provide legal notice to the print.. Rulemaking is a major concern in the United States document has been published in the CSL file... Edition to the print edition freely access the CSL in an open, machine-readable format however, is! Department does not believe this rulemaking is a major concern in the Federal Register from! Sent. ) the AECA access to USML items by dual and Third country Nationals on rockets... Risks of removing satellites and components from the USML ( See the lists of controlled technologies for guidance WHAT! One or more additional foreign countries and Third country Nationals the following countries are the. Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C better and in!
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