As International Import Export Business Consultants and Lawyers, We Work Closely With International and Domestic Clients to Avoid Penalties, Fines and Costly Legal Mistakes With Export Documents and International Trade.
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International Traffic in Arms Regulations (ITAR) control the export and import of defense-related articles and services on the United States Munitions List (USML).
ITAR regulations implement the provisions of the Arms Export Control Act (AECA).
ITAR does not apply to information related to general scientific, mathematical or engineering principles that are commonly taught in schools and colleges or information that is in the public domain. The regulations also do not apply to general marketing information or basic system descriptions. Broad interpretations of these exceptions have faced several legal challenges.
Understanding ITAR regulations and the goal for such regulations can help your company to develop better compliance policies and procedures that can reduce exposure for your company. Our ITAR consultants and lawyers are here to help.
Import Export Business Consultants – What We Do
At Watson & Associates, LLC our ITAR import export business consultants and export lawyers help domestic and international trade companies with export consulting matters that include:
- How to get ITAR certification
- International trade
- Export control compliance
- Inspection certificate
- Export consultancy
- Statutory interpretation and compliance services
- Export documentation procedure
- Developing internal controls and policies to avoid adverse government action
- Commercial Control List and ECCL matters
- Legal advice about ITAR requirements for manufacturers
- ITAR licensing for foreign person employees
- Import export foreign trade business license
- ITAR compliance with export documents
For immediate help, call our import export business consultants at 1-866-601-5518.
What Does ITAR Stand For? ITAR Definition and Meaning
Under the legal ITAR definition(International Traffic in Arms Regulations) and corresponding EAR (Export Administration Regulations), both are international import export that are regulated varying federal government agencies.
Part of knowing what does ITAR stand for means first understanding that ITAR regulations make sure that technology related to defense stay in the right hands as a matter of national security. When the US government grants permission to transport or sell items to foreign countries, you have to get the relevant license and inspection certificate.
ITAR: When it comes to international imports and export business practices, ITAR regulations is the more stringent regulation. This is simply because the ITAR definition means dealing with high-level defense- related products and export documentation procedure.
International trade: Defense articles intended for military end-use are regulated by the United States Munitions List (USML) or the Missile Technology Control Regime (MTCR) Annex. Therefore, they are under the purview of International Traffic in Arms Regulations (ITAR). ITAR regulations are administered by the Directorate of Defense Trade Controls (DDTC) at the State Department. Both products, business services, and technology information are all regulated by ITAR regulations.
Articles governed by ITARS regulations include; tanks, explosives, naval vessels, attack helicopters which are also included on the USML.
Other matters that your company might become aware of include getting an export license (DSP-5), exchanging technical emails or teaching how to repair an ITAR-covered item which requires a Technical Assistance Agreement (TAA), and allowing a foreign company to manufacture an item requires a Manufacturing License Agreement (MLA).
USML Items not Covered under ITAR Import Export Business Regs and Documents
Products or services not listed in the USML, and those that can be used for civilian or military purposes are considered “dual use.” These types of international trade imports business topics are controlled under the Export Administration Regulations (EAR). Our ITAR export import consultants help to determine whether your product or service falls under the ITAR registration exemptions and will assist with preparing the relevant export documents.
The Bureau of Industry and Security (BIS) at the Department of Commerce (DoC) regulates these types of international import and export factors. At Watson & Associates, LLC our import export consultants help with import-export trade business license requirements.
Call Our ITAR Import Export Business Consultants for a FREE Initial Consultation at 1-866-601-5518.
The Commerce Control List (CCL): The CCL contains a similar list at the Department of Commerce to the State Department’s USML. The CCL regulates and controls, Chemical & Biological Weapons, Nuclear Nonproliferation, National Security, Missile Technology, Regional Stability, Firearm Convention, Crime Control, and Anti-Terrorism.
Different approaches to handling import and export situations all depend upon the exported-to country, end-use, destination and Export Control Classification Number (ECCN). The “600 Series” and “500 Series” items are controlled at a more strict level than USML articles.
ITARS and Employees: ITAR regulations treat access to USML items by “Dual-National” and “Third Country National” employees of a foreign organization as a Retransfer to the employees’ other countries of nationality.
At Watson & Associates, our export consulting team helps corporations at various locations with ITAR licensing foreign person employees.
ITAR requirements for employees: When employees have access to USML items, they must have the required authorization under the relevant export control compliance laws. When aligning your import and export business operations to the required international export and import regulations, you should seriously consider getting an ITAR consultant or lawyer on board to help you prepare the required export documents.
ITARS and Commodity Jurisdiction: One of the costly mistakes made by companies in the international imports and export business is understanding whether an item your import export business manufactures or US exports is on the USML or CCL. Getting through the DDTC process can be tricky when considering export restrictions. However, this agency does have the final say on commodity jurisdiction matters. At Watson & Associates, our ITAR import export business consultants can help make a reasoned determination with commodity jurisdiction matters.
Cases Showing How Internation Import Export Violations Can Impact Your Company
Production and Development of Nuclear Material for China – On Jan. 6, 2017, in the Eastern District of Tennessee, Szuhsiung Ho, aka Allen Ho, a naturalized U.S. citizen, pleaded guilty to conspiracy to unlawfully engage or participate in the production or development of special nuclear material outside the U.S., without the required authorization from the U.S. Department of Energy (DOE), in violation of the Atomic Energy Act. In Apr. 2016, a federal grand jury issued a two-count indictment against Ho; China General Nuclear Power Company (CGNPC), the largest nuclear power company in China; and Energy Technology International (ETI), a Delaware corporation. Read more.
USML Munitions to Egypt – On Dec. 16, 2016, AMA United Group, Malak Neseem Swares Boulos and Amged Kamel Yonan Tawdraus were each sentenced in the Eastern District of New York after pleading guilty on Apr. 1, 2015, to violating the Arms Export Control Act, in connection with the attempted shipment and exportation of munitions samples from New York City to Egypt. Read more.
Theft of Trade Secrets for Technologically Advanced Titanium to China – On Dec. 16, 2016, in the District of Connecticut, Yu Long, a citizen of China and lawful permanent resident of the U.S., waived his right to be indicted and pleaded guilty to charges related to his theft of numerous sensitive military program documents from United Technologies and transporting them to China. Read more.
For help and legal representation in ITAR criminal cases, let our experienced export control litigation defense attorney help.
Call Watson’s International Import Export Business Consultants today
For immediate help with ITAR and international import export consulting matters, call the import export business consultants at Watson & Associates, LLC at 1-866-601-5518. We offer a FREE Initial consultation.