ITAR / EAR:

The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology.

The legislation seeks to control access to specific types of technology and the associated data. Its goal is to prevent the disclosure or transfer of sensitive information to a foreign national.

ITR contains a United States Munitions List (USML) of restricted articles and services.  EAR contains a Commerce Control List (CCL) of regulated commercial items, including those items that have both commercial and military applications.

To be ITAR or EAR compliant, a manufacturer or exporter whose articles or services appear on the USML or CCL lists must register with the U.S. State Department’s Directorate of Defense Trade Controls (DDTC). ITAR and EAR compliance can be problematic for a global corporation
because the data related to a specific type of technology may need to be transferred over the Internet or stored locally outside the United States to make business processes flow smoothly. It is the responsibility of the manufacturer or exporter to take the necessary steps to certify that
they are in compliance with the regulations.

Export control laws provide for substantial penalties, both civil and criminal.  Failure to comply with ITAR can result in civil fines as high as $500,000 per violation, while criminal penalties include fines of up to $1,000,000 and 10 years imprisonment per violation.  Under EAR, maximum civil fines can reach $250,000 per violation. Criminal penalties can be as high as $1,000,000 and 20 years imprisonment per violation.

What does ITAR compliance mean?
A Definition of ITAR Compliance. International Traffic in Arms Regulations (ITAR) control the export and import of defense-related articles and services on the United States Munitions List (USML).

What is ITAR approved?
The U.S. Government requires all manufacturers, exporters, and brokers of defense articles, defense services or related technical data to be ITAR compliant. ... Nowhere in the International Traffic in Arms Regulations (ITAR) is it spelled out what “ITAR certified” means.

What is ITAR training?
ITAR (International Traffic in Arms Regulations) and the EAR (Export Administration Regulations) are export control regulations run by different departments of the US Government. Both of them are designed to help ensure that defense related technology does not get into the wrong hands.

What is ITAR restricted?
The International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that controls the export and import of defense-related articles and services on the United States Munitions List (USML).Oct 10, 2012.

What is the difference between the EAR and ITAR?
One is the International Traffic in Arms Regulations (ITAR) and the other is Export Administration Regulations (EAR). Here is the difference between the two: ... In order for a manufacturer to be ITAR and/or EAR compliant, they must register with the US State Department's Directorate of Defense Trade Controls.Nov 18, 2013

What is a US person for ITAR?
Pursuant to the EAR and the ITAR, a U.S. Person includes : any individual who is granted U.S. citizenship; or. any individual who is granted U.S. permanent residence ("Green Card" holder); or. any individual who is granted status as a "protected person" under 8 U.S.C. 1324b(a)(3);

What is the Munitions List?
The United States Munitions List (USML) is a list of articles, services, and related technology designated as defense- and space-related by the United States federal government. This designation is pursuant to sections 38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and
2794(7)).

What is ITAR and EAR?
The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology. The legislation seeks to control access to specific types of technology and the associated data.

What is an ITAR registration?
All manufacturers, exporters, and brokers of defense articles, related technical data and defense services as defined on the United States Munitions List (Part 121 of the ITAR) (PDF, 7MB) are required to register with the Directorate of Defense Trade Controls (DDTC).Apr 20, 
2015

What is the EAR99?
EAR99 is a classification for an item. It indicates that a particular item is subject to the Export Administration Regulations (EAR), but not listed with a specific Export Control Classification Number (ECCN) on the Commerce Control List (CCL).

What is a DSP 83 for?
The DSP Form 83 is also known as a Nontransfer and Use Certificate. This form is used by the United States Department of State. This form will be used as an application to transfer military equipment or classified information out of the country.

What is the ECCN?
ECCNs are five character alpha-numeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes. An ECCN categorizes items based on the nature of the product, i.e. type of commodity, software, or technology and its respective
technical parameters.

What is a ECCN number?
An Export Control Classification Number (ECCN) is an alphanumeric designation (i.e., 1A984 or 4A001) used in the CCL to identify items for export control purposes. An ECCN categorizes items based on the nature of the product, i.e. type of commodity, technology or software and
its respective technical parameters.

What is a DSP 5 used for?
The ITAR is administered by Defense Trade Controls (DTC) which is a directorate under the U.S. Department of State. • A Permanent Export License (DSP-5) is for the permanent export of unclassified articles or. hardware as found in the United State Munitions List which is defined
by ITAR.

Are you ITAR/EAR Compliant ?
For a company involved in the manufacture, sale or distribution of goods or services covered under the USML, or a component supplier to goods covered under the United States Munitions List (USML), the stipulation or requirement of being “ITAR certified (compliant)” means that the company must be registered with the State Department’s Directorate of Defense Trade Controls (DDTC) if required as spelled out on DDTC’s web site and the company must understand and abide by the ITAR as it applies to their USML linked goods or services. The company themselves are certifying that they operate in accordance with the ITAR when they accept being a supplier for the USML prime exporter.

In other words, companies must register with the DDTC and know what is required of them to be ITAR compliant and then certify that they possess that knowledge.

ITAR and EAR compliance:

The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology.

The legislation seeks to control access to specific types of technology and the associated data. Its goal is to prevent the disclosure or transfer of sensitive information to a foreign national.

ITR contains a United States Munitions List (USML) of restricted articles and services.  EAR contains a Commerce Control List (CCL) of regulated commercial items, including those items that have both commercial and military applications.

To be ITAR or EAR compliant, a manufacturer or exporter whose articles or services appear on the USML or CCL lists must register with the U.S. State Department’s Directorate of Defense Trade Controls (DDTC). ITAR and EAR compliance can be problematic for a global corporation
because the data related to a specific type of technology may need to be transferred over the Internet or stored locally outside the United States to make business processes flow smoothly. It is the responsibility of the manufacturer or exporter to take the necessary steps to certify that
they are in compliance with the regulations.

Export control laws provide for substantial penalties, both civil and criminal.  Failure to comply with ITAR can result in civil fines as high as $500,000 per violation, while criminal penalties include fines of up to $1,000,000 and 10 years imprisonment per violation.  Under EAR, maximum civil fines can reach $250,000 per violation. Criminal penalties can be as high as $1,000,000 and 20 years imprisonment per violation.