DSP 5 License Application & Import Export License & ITAR Requirements for Employees & Foreign Nationals
ITAR License Lawyers and Consultants Helping Companies to Avoid the Most Costly Legal Mistakes With DSP5 Export License and ITAR Certification Requirements. Serving All STATES and Overseas Clients.
The Department of State can ask the Department of Justice to prosecute 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.
What is DSP5 ITAR License?
When permanently importing or exporting unclassified software as explained in the International Traffic Arms Regulations (ITAR)., then you company should apply for DSP-5 license for export. A Permanent Export License (DSP5) also addresses the export of unclassified articles or hardware listed in the United State Munitions List (USML). The DSP-5 license may involve hardware, software, or documents. Your company must be registered with DTC. However, if you are exporting classified articles then you must apply for a DSP-85 ITAR license.
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 ITARS 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 certification requirements for employees.
DSP-85 license, DSP5 License& ITAR Application, ITAR Certification Requirements & Form 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 ITAR export license regulations by:
- Addressing problems with data control Form DSP-5 export license applications
- U.S. Munitions List commodity coverage (USML, 22 CFR 121)
- DSP-85 license application assistance
- ITAR compliance statement
- Making sure that applicants qualify under all of the ITAR certification requirements and eligibility conditions listed in the basic certification statement (22 CFR 126.13),
- ITAR registration requirements & preparing your DSP 5 application
- Internal policies and controls to stay ITAR compliant
- Helping employers comply with relevant DSP 5 license Application issues and ITAR regulations and ITAR registation rules
- ITAR requirements for foreign nationals and employees and meeting federal guidelines
- Consulting and legal services for export import data requirements
For help with your DSP5 Application or DSP-85 license, Call Watson’s ITAR Certification Requirements lawyers today for a FREE initial consultation at 1-866-601-5518.
ITAR Requirements for Employees (Citizens, Overseas and Foreign Nationals)
When it comes to ITAR requirements for 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 DSP5 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 Form 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 getting compliant with ITAR requirements or foreign nationals or workers abroad, DDTC had previously required a TAA in addition to the DSP5 license application to authorize foreign employees working for employers to transfer certain levels of technical data and defense services. Employers are legally responsible for ITAR citizenship verification.
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 or DSP-85 license to cover all levels of requested technical data and defense services.
ITAR License Registration – Export Import Data – Using the DSP-5 Export License
More on ITAR requirements for employees
The DSP5 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.
When you submit your DSP Application, then 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 requirements or applying for your import export license. For classified articles, then you must apply for a DSP-85 ITAR license.
ITAR requirements for employees – Employees do not have to reside in the United States
Many ITAR 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 application purposes.
- If you currently are not in compliance with this export control law or do not understand 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 DSP5 marketing 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 Application 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 Citizenship Requirements & ITAR License of Foreign Employees
The “foreign employee,” 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 marketing license requirements and trade compliance regs.
They can contact your suppliers, engineering partners, and developers in the United States or abroad, so long as his or her presence as a “foreign employee” is noted to the counterparty.
Need Your DSP 5 Marketing License or DSP-85 License Application? Get a Free Initial Consultation
If you are a US international export import company that needs help with how to get ITAR certification, ITAR voluntary disclosures, DSP 5 marketing licenses, DSP-85 license , trade compliance, DSP 5 Application or legal advice about ITAR requirements for employees, call the export control consultants and ITAR license lawyers at Watson & Associates, LLC. We offer a Free Initial Consultation. Call 1-866-601-5518.