Register (ACFR) issues a regulation granting it official legal status. The Department of Defense is also involved in the review and approval process. 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 Rule by the State Department on 03/18/2021. [99] The European company Thales Alenia Space developed a line of ITAR-free satellites that used no restricted U.S. components, allowing them to be launched on Chinese rockets between 2005 and 2012. [FR Doc. In order to take additional steps to address such use of chemical weapons, the Department is amending ITAR 126.1(d)(2) to include Russia in the list of countries subject to a policy of denial for exports of defense articles and defense services. Defense articles can be broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data. [27]: 3.9.b As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. To ensure compliance with the ITAR, the Directorate of Defense Trade Controls strongly . The USML is broken down into the following categories: I: Firearms, Close Assault Weapons and Combat Shotguns, IV: Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines, V: Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents, VI: Surface Vessels of War and Special Naval Equipment, VIII: Aircraft and Associated Equipment, XII: Fire Control, Range Finder, Optical and Guidance and Control Equipment, XIII: Materials and Miscellaneous Equipment, XIV: Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment, XV: Spacecraft and Associated Equipment, XVII: Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated, XIX: Gas Turbine Engines and associated Equipment, XX: Submersible Vessels, Oceanographic and Related Articles, XXI: Articles, Technical Data, and Defense Services Not Otherwise Enumerated. 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. provide legal notice to the public or judicial notice to the courts. establishing the XML-based Federal Register as an ACFR-sanctioned the current document as it appeared on Public Inspection on Learn more here. on This is where the International Traffic in Arms Regulations (ITAR) come in. It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. 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. For example, an M4 carbine, which is an assault rifle used by the U.S. military, would be identified under Category I paragraph (b): *(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm). The European Space Agency and the Japanese Aerospace Exploration Agency have supplied components that were launched on Chinese rockets. Embargoed/Restricted Countries The U.S. government has placed embargoes or restrictions on activities with persons or . The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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]. Until the ACFR grants it official status, the XML The Department of State has reviewed this rulemaking in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Check lists of parties of concern on the BIS website. Physical enforcement of the ITAR (as well as all import and export laws of the United States) is performed by Homeland Security Investigations Special Agents (formerly U.S. Customs) under Immigration and Customs Enforcement, an agency of the Department of Homeland Security. 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 . documents in the last year, by the Engineers Corps and the Environmental Protection Agency Official websites use .gov 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. 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. 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]. Federal Register issue. [90][91], This means that a person who was born in the UK but is a U.S. permanent resident working in the U.S. for a U.S. company will be considered a U.S. person only (under the definition of "US person"). "[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. [27]:20 It is less-clear how Dual and Third Country Nationals are addressed in FMS Cases and export licenses such as DSP-5s. documents in the last year, 37 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. It is the policy of the United States to deny licenses or other approvals for exports of defense articles and defense services destined for Russia, except that a license or other approval may be issued, on a case-by-case basis: (1) For government space cooperation; and. documents in the last year, 274 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). The authority citation for part 126 continues to read as follows: Authority: edition of the Federal Register. The United States also has separate and more specialized export control regulations, such as the ITAR, that governs the most sensitive items and technology. Part 561; the Hizballah Financial Sanctions Regulations, 31 C.F.R. * * *. More information and documentation can be found in our This is similar to the concept of "Deemed Exports" used by the Bureau of Industry and Security within the Department of Commerce in administration of the Export Administration Regulations although the Department of State does not use the term "Deemed Export"[23] (see also "Restrictions on Dual and Third Country Nationals below"). Sharon Weinberger, "Here We Go Again: Industry and Government Revisit U.S. documents in the last year, 1487 Such discrimination may be illegal in some countries under anti-discrimination law (such as in Canada[92][93] and Australia). documents in the last year, 876 [94] Foreign employees working in the US cannot have access to the same network where ITAR data may be stored, nor may they have access to rooms or facilities where ITAR work is being done. [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. [83] Allegations have been put to the U.S. Department of State-industry advisory group, the Defense Trade Advisory Group, that charging back fees discourages some manufacturers from registration.[83]. (2) Prior to September 1, 2021, for commercial space launches. The ChinaSat 8 satellite, which had been scheduled for launch in April 1999 on a Long March 3B rocket,[100] was placed in storage for a decade and finally launched on an Ariane 5 rocket in 2008. (FIPS) 140 validated cryptographic modules and not intentionally stored in a military-embargoed country, that is . Therefore, in accordance with Executive Order 13132, it is determined that this proposed amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. 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. Middle East culture and attractions", "Navy says no to buying American U.S. restrictions on technology can lead to delays", "Sikorsky's Cyclone Touches Down in Canada", "Frequently Asked Questions (FAQs), Licensing of Foreign Persons Employed by a U.S. [6][7] As a result, technology pertaining to satellites and launch vehicles became more carefully protected. 39 - 22 CFR Parts 120 . Washington, DC 20230. 01/18/2023, 823 On February 2, 2022, the Department of State published a proposed rule that, most significantly, would amend provisions of the International Traffic in Arms Regulations ("ITAR") affecting how the nationality of foreign persons is determined for purposes of deemed exports/reexports. Since this rule is exempt from the notice-and-comment provisions of 5 U.S.C. 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. [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. Munitions List changes over time. A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations. Contact the Directorate of Defense Trade Controls. We organize countries and areas into six geographical regions, each corresponding to one of our six "regional" bureaus. Until 19961997, ITAR classified strong cryptography as arms and prohibited their export from the U.S.[5] Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. CSL Application Programming Interface (API). Government. Comply with U.S. and Foreign Export Regulations. 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. Aerospace Exploration Agency have supplied components that were launched on Chinese rockets how Dual Third! The XML-based Federal Register as an ACFR-sanctioned the current document as it on... As follows: authority: edition of the U.S. government has placed or! 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