The CAPTA List is intended to include foreign financial institutions subject to correspondent or payable-through account sanctions pursuant to sanctions authorities including the Ukraine Freedom Support Act of 2014, as amended by the Countering Americas Adversaries Through Sanctions Act; the North Korea Sanctions Regulations, 31 C.F.R. Learn more about recent Russia sanctions and other export control updates. documents in the last year, 90 Which countries are ITAR restricted? 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. documents in the last year, 876 has no substantive legal effect. "[60], The political changes in 2012 came after several years of a gradual shift in thinking. [103], In May 2014, the United States Department of State reclassified satellites and several related components so they will no longer be treated as munitions whose export is controlled by ITAR, but will be covered instead under the Export Administration Regulations. The CSL pulls updates of the lists detailed below from each of the sourcing federal agencies. [61][needs update]. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. to the courts under 44 U.S.C. In addition to the embargoed countries, ITAR proscribes additional non-embargoed countries that are prohibited from receiving defense articles or technical data on the International Traffic in-Arms (ITAR) U.S. 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. 287c; Sec. include documents scheduled for later issues, at the request You will find them in the columnsource_information_urlfor each listed entity. Where is OFAC's country list? documents in the last year, 28 ITAR - PROSCRIBED COUNTRIES LIST (22 CFR 126.1) AFGHANISTAN ANGOLA BELARUS BURMA CHINA (PRC) CYPRUS CUBA HAITI IRAN IRAQ LIBERIA LIBYA NIGERIA NORTH KOREA RWANDA SOMALIA SUDAN SYRIA VIETNAM YEMAN ZIMBABWE Previous slide Next slide Back to first slide View graphic version documents in the last year, 534 22 U.S.C. [18] In early 2013 legislation was passed allowing the removal of satellite technology from ITAR regulation.[19]. This prototype edition of the ITAR Prohibited Countries (22CFR 126.1): Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, ITAR does not apply to information related to general scientific, mathematical or engineering principles that are commonly taught in schools and colleges or information that is in the public domain. Prior to taking further action, to ensure full compliance with all of the terms and conditions of the restrictions placed on the parties on this list, the user must check the official publication of restricted parties in the Federal Register. ITAR Prohibited Countries: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, N. Korea, Syria, Vietnam, Myanmar (formerly Burma), China, Haiti, Liberia, Rwanda, Somalia, Sudan, or Democratic Republic of the Congo (formerly Zaire), any UN Security Council arms embargoed country (e.g., for certain exports to Rwanda). [35] Other major U.S. defense contractors penalized for alleged[36] breaches of ITAR in recent years include (among others) Lockheed Martin,[37] Motorola,[38] Boeing,[39] L-3 Communications,[40] and Northrop Grumman. All US persons, wherever they are located, must comply with OFAC regulations. 1401 Constitution Ave NW
The CAPTA List also will specify the specific prohibition or strict condition(s) to which the foreign financial institutions are subject. 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 rule has not been designated a significant regulatory action by the Office and Information and Regulatory Affairs under Executive Order 12866. are not part of the published document itself. They also view the announcements of "ITAR-free" items as anecdotal and not systemic. 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. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. Companies in U.S. and Overseas are increasingly using the ERP software to track the ITAR controlled items through the Supply Chain. Munitions List changes over time. Countries with Restricted Parties on the EAR Entity List China, Canada, Germany, Iran, India, Israel, Pakistan, Russia, Egypt, Malaysia, Hong Kong, Kuwait, Lebanon, Singapore, South Korea, Syria, Ukraine, United Arab Emirates the United Kingdom. ITAR applies to items identified under the Invention Secrecy Act. (2) Prior to September 1, 2021, for commercial space launches. The Public Inspection page may also Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. A Rule by the State Department on 03/18/2021. [10] The U.S. government has also taken action (albeit unsuccessfully) for the export of technical data that was allegedly already publicly available on the Internet.[11][12][13][14]. [27]:20 It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s. [21] Registration fees start at US$2,250 per year. This article is part of the U.S. Commercial Service's "A Basic Guide to Exporting". Federal Register provide legal notice to the public and judicial notice If you are using public inspection listings for legal research, you documents in the last year, 830 The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of "US persons". For complete information about, and access to, our official publications Something similar happened when DCS was adding the F-16 and an ITAR controlled maintenance manual was sent to a foreign National to help model the aircraft in game. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defense and space-related articles and services as defined in the United States Munitions List (USML). 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. by the Farm Credit System Insurance Corporation The CSL search engine has Fuzzy Name Search capabilities, allowing a search without knowing the exact spelling of an entitys name. [4] ITAR's prominence has also increased as its implications for foreign parties that handle USML items have become better understood (see "Controversy" below). The unauthorized access had included direct access to USML items and access to international computer systems on which USML items were stored by Dual Nationals from countries including Syria and the PRC. [8]:120.10(5)[8]:120.11 Nor does it apply to general marketing information or basic system descriptions. In this Issue, Documents Finally, technical data and defense services relating to the M4 are in paragraph (i): (i) Technical data (as defined in 120.33 of this subchapter) and defense services (as defined in 120.32 of this subchapter) directly related to the defense articles described in paragraphs (a) through (h) of this category. 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. [104] These new classifications took effect in November 2014, six months after the announcement of the reclassification. Specifically, the company must register with the Directorate of Defense Trade Controls (DDTC) International Traffic in Arms Regulations: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Exemptions Regarding Intra-Company, Intra-Organization, and Intra-Governmental Transfers to Employees Who Are Dual Nationals or Third-Country Nationals; and Voluntary Disclosures The API has Fuzzy Name Search capabilities as well. The OFR/GPO partnership is committed to presenting accurate and reliable that agencies use to create their documents. More information and documentation can be found in our (2) Classified information relating to defense articles and defense services on the U.S. [105] The Chinese space industry has been able to sell in the global market by bundling Chinese satellites with Chinese rockets, avoiding ITAR. establishing the XML-based Federal Register as an ACFR-sanctioned International Traffic in Arms Regulations - ITAR Prohibited Countries [95], It is important to note that, in both cases, theoretical access to the USML items overseas or by foreign persons is sufficient to constitute a breach of ITAR. We optimized our duplicate algorithm so that full names and aliases do not appear twice. [64] In contrast, as of March 2016, Stanford's Export Control Officer maintains that all satellite systems are controlled defense articles under the ITAR (despite their reclassification under the EAR in 2014) and, based on NASA criteria for automatic designation of a research project as fundamental research,[67] does not consider projects above TRL 4 to be fundamental research, limiting the activities of laboratories and project-based groups on campus. 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. Active Sanctions Programs: Program Last Updated: Afghanistan-Related Sanctions 02/25/2022 Balkans-Related Sanctions 10/03/2022 Belarus . Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects. [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. electronic version on GPOs govinfo.gov. International Traffic in Arms Regulations (ITAR) US Department of State's Directorate of Defense Trade Controls: Defense articles and defense services (providing critical military or intelligence capability) Check if products are on US Munitions list (USML). [58][59], Other countries also encourage their nationals who are using USML items to implement internal export compliance programs to address ITAR requirements. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME. A locked padlock ) or https:// means youve safely connected to the .gov website. In considering whether or not a shipment, transfer, transmission or disclosure will require an export license, we need to consider WHAT is being shipped, WHERE it is going, and TO WHOM it is being exported or disclosed. 2. These measures can vary widely; for example, MIT states that "the intent of the ITAR is that research conducted on campus, without restrictions on publication or participation, is fundamental research from inception to publication as long as the intent is to publish the results,"[65] while Stanford University maintains a more nuanced and restrictive approach to research involving defense articles.[66]. on 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). 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 [82] Smaller exporters who may not have been aware of the requirement to register can potentially be charged crippling back fees when they first register. Department of State Directorate of Defense Trade Controls. Screen potential buyers and end-users to comply with U.S. Government regulations. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. documents in the last year, 274 The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 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