DSP 5 License & Import Export License Requirements for Foreign Employees
ITAR Exporter License Lawyers and Consultants Helping Companies to Avoid the Most Costly Legal Mistakes With DSP 5 License and ITAR Compliance Requirements. Serving All STATES and Overseas Clients.
The Department of State can ask the Department of Justice to prosecute you o your company criminally and request fines and/or imprisonment, or going for civil penalties of up to $500,000 per violation of ITAR requirements for employees. You should beware that the federal government has substantially increased oversight and enforcement of businesses and individuals responsible for breaches of ITAR regulations. Keeping your company out of hot water is our primary goal.
Watson & Associates, LLC provides detailed analysis and legal guidance to companies throughout the United States and overseas with an eye for reducing costly fines and liability with ITAR registration violations . With the business’ bottom line in our focus, we guide top executives and decision makers away from the costly landmines awaiting companies in the import and export industry that do not follow ITAR requirements for employees.
ITAR Registration & DSP 5 Export License Consulting Services
With law offices in Washington, DC and Colorado, Watson & Associates ITAR consultants and lawyers help domestic and foreign employers comply with export and import license regulations by:
- Addressing problems with data control DSP-5 export license applications
- U.S. Munitions List commodity coverage (USML, 22 CFR 121)
- Making sure that applicants qualify under all of the eligibility conditions listed in the basic certification statement (22 CFR § 126.13),
- Internal policies and controls to stay ITAR compliant
- Helping employers comply with relevant ITAR regulations and ITAR registation rules
- Guidance in hiring foreign employees and meeting federal guidelines
- Consulting and legal services for export import data requirements
Call ITAR import export license lawyers today for a FREE initial consultation at 1-866-601-5518.
When it comes to hiring foreign employees in the international export and import industry, the Directorate of Defense Trade Controls (DDTC) has a long-standing policy about trade compliance to authorize the access to technical data by a foreign person employee of a U.S. person on a DSP-5 export license through an exception to the requirement for a technical assistance agreement (TAA) in accordance with 22 CFR 124.1(a) of a U.S. person on a DSP-5 export license through an exception to the requirement for a technical assistance agreement (TAA) in accordance with 22 CFR 124.1(a).
When hiring foreign workers abroad, DDTC had previously required a TAA in addition to the DSP 5 license to authorize foreign employees working for ITAR employers to transfer certain levels of technical data and defense services.
A foreign employee access authorization must be obtained for all foreign persons who require access to ITAR-controlled defense articles and technical data in the performance of their job responsibilities.
DDTC then decided that this extra foreign employee licensing requirement was redundant. Now companies must fulfill the trade compliance licensing requirement of a foreign person employed by a U.S. person through the use of a DSP 5 license to cover all levels of requested technical data and defense services.
ITAR Registration – Export Import Data – Using the DSP 5 Export License
The DSP 5 export license authorizes foreign employees working for companies in the international export and import business to transfer technical export import data and perform defense services to the employee(s) on their products. The DSP-5 export license authorizes the foreign employee to perform defense services on behalf of the international import and export company. These are all additional considerations when validating ITAR registration requirements or applying for your import export license.
Employees do not have to reside in the United States: Many company business strategies allow them to hire foreign employees to perform work in the import-export business. When using the DSP-5 export license request to hire foreign employees, the foreign worker does not have to live in the United States. So long as the employee is paid, hired, insured and ultimate control by the US company, they are considered a foreign employee for ITAR purposes.
- If you currently are not in compliance with this export control law, or do not unerstand ITAR requirements for employees then you want to consult with an ITAR consultant or lawyer to discuss ITAR compliance requirements for voluntary disclosures.
- If your foreign employees have access to ITAR-controlled defense articles and/or technical data without DDTC authorization and DSP 5 license, that is a violation and must be reported in accordance with 22 CFR 127.12.
US employer is responsible: When it comes to export control compliance, employers in the international export and import business are totally liable to make sure that all foreign employees comply with U.S. export laws regardless of where the employee currently resides.
- DDTC recommends that only one DSP 5 license be obtained for each foreign person employee to cover all activities.
- If a foreign employee does not require access to ITAR-controlled defense articles or technical data, the ITARS employer must ensure internal controls are in place to prevent unauthorized access.
Export Trade Compliance – ITAR DSP 5 License of Foreign Employees
The “foreign person,” once authorized by the DDTC, no longer requires additional authorization to work so long as the work performed is strictly within the scope of the approved DSP 5 license and trade compliance regs.
They can contact with your suppliers, engineering partners, and developers in the United States or abroad, so long as his or her presence as a “foreign person” is noted to the counterparty.
Need Your DSP 5 Export License? Get a Free Initial Consultation
If you are a US international export import company that needs help with ITAR compliance requirements, ITAR voluntary disclosures, DSP 5 licenses, trade compliance or legal advice with regard to hiring foreign employees, call the export control consultants and import export license lawyers at Watson & Associates, LLC. We offer a Free Initial Consultation. Call 1-866-601-5518.