Guides

International Traffic in Arms Regulations (ITAR)

What is ITAR?

The International Traffic in Arms Regulations (ITAR) is a United States regulation that controls the export and import of defense articles and services on the United States Munitions List (USML). ITAR applies to the actual products on the USML, defense services, and the plans or documentation used to build or support them (“technical data”). Examples of technical data include part drawings, photos, software, and other classified information related to the defense articles or services.

The purpose of ITAR is to prevent military and defense-related items and information from falling into the wrong hands and to protect against national security threats. The ITAR states that only U.S. citizens and U.S. Green Card holders (“U.S. persons” as defined by ITAR) can access items on the USML, and that no foreign persons may access them, unless otherwise authorized.

Who does ITAR apply to?

All manufacturers, exporters, temporary importers, brokers, or providers of defense articles, services, or technical data on the USML must comply with ITAR. If you’re working with other companies during your handling of ITAR-controlled items, you should ensure that each company in your supply chain has policies in place to remain ITAR compliant.

How do businesses comply with ITAR?

The ITAR is purposefully vague in order to give the government more flexibility and control over defense-related items. At a high level, if your business is subject to ITAR, you need to:

  • Register with the State Department’s Directorate of Defense Trade Controls (DDTC)
  • Understand how ITAR applies to your USML goods, services, or data, and fulfill the ITAR requirements

There is no official ITAR certification, only registration with the DDTC and the responsibility of being compliant. It’s up to each business to develop, implement, and maintain their own ITAR compliance policies based on their unique situations and risks.

What happens if you don't comply with ITAR?

Companies are required to disclose whether they have violated any ITAR requirements. Violations include exporting or transferring ITAR-controlled items without the proper licenses and approvals; failure to comply with conditions of licenses, agreements, or exemptions; omitting or falsifying information; and others.

Penalties for not complying with ITAR include:

  • Civil or criminal fines up to $1,000,000 per violation
  • 20 years imprisonment per violation for criminal charges
  • Debarment from participating in ITAR-controlled transactions

Organizations can also face damage to their reputation and potential loss of business as a result of non-compliance. They may need to take measures to improve their compliance program, including appointing an outside official to oversee the process.

Download a free ITAR requirements checklist

 

What's included:

  • PDF guide with an overview of ITAR and steps to help your business meet ITAR requirements
  • Links to additional resources about ITAR

Download a free ITAR requirements checklist

 

What's included:

  • PDF guide with an overview of ITAR and steps to help your business meet ITAR requirements
  • Links to additional resources about ITAR

How can my business comply with ITAR?

There is no official ITAR certification, only registration with the DDTC and the responsibility of being compliant with the regulation. It’s up to each organization to develop, implement, and maintain their own ITAR compliance policies.

Here are the basic steps you can take to follow ITAR requirements. You can learn more about each step by downloading our free ITAR requirements checklist above.

ITAR Requirements Checklist
  1. Determine whether ITAR applies to your organization

  2. Read and understand the ITAR

  3. Register with the DDTC

  4. Implement an ITAR/export compliance program across your organization

  5. Comply with reporting and recordkeeping requirements

  6. Obtain the necessary export/import licenses, manufacturing agreement approvals, and authorization for defense services

  7. Ensure other organizations in your supply chain are ITAR compliant

  8. Understand whether any exemptions apply to your organization

  9. Report any ITAR violations that occur

You can read the full ITAR on the DDTC's website.

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