OVERVIEW OF EXPORT CONTROL ISSUES. UNITED STATES EXPORT LAWS AND REGULATIONS. Export of Defense Articles, Defense Services and Technical Data. Export of Dual Use Commodities and Technical Data. Arms Export Control Act. Export Administration Act. 1. Enabling Status.
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EXPORT LAWS AND REGULATIONS
Export of Defense Articles,
Defense Services and
Export of Dual Use
Arms Export Control Act
Export Administration Act
U.S. Department of State,
Bureau of Political-Military
Affairs, Directorate of Defense
Trade Controls (DDTC)
U.S. Department of
Commerce, Bureau of
Industry and Security (BIS)
Department and Office
Regulations and Issuing
EXPORT CONTROL SYSTEM
The export control system's
three principal functions are to:
that need to
UNITED STATES MUNITIONS LIST
The furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles;
The furnishing to foreign persons of any technical data controlled under the ITAR, whether in the United States or abroad
Military training of foreign units and forces, regular and irregular, including formal and informal instruction.
As a general rule, if you would give the information to your closest competitor, it probably is not considered technical data.
Permanent Export License –for hardware and certain technical data
Temporary Export License –for trade shows or demonstration of U.S. hardware
or return to a foreign vendor for repair
Temporary Import License –U.S. demonstrations/exhibits of foreign- origin items
Exemptions for Export/Import of Hardware
Technical Assistance Agreement (TAA) –for the performance of a defense service or the disclosure of technical data
Manufacturing License Agreement (MLA) –for the manufacture of defense articles abroad which involves the export of technical data or defense articles or the performance of a defense service
Exemptions for Export of Technical Data
Qualifying for an exemption does not mean that we can just release the technical data without any further thought.
To claim an exemption, the proper certification must be made on the technical data or letter containing the technical data, e.g. “22 CFR 125.4(b)(5) applicable” would be the certification for operation and maintenance manuals.
The key to any good export/import compliance program is
Department of State/Commerce
DoS Website: www.pmddtc.state.gov/
DoC Website: www.commerce.gov/
Bureau of Industry and Security (BIS)
Society for International Affairs (SIA)
Local Colleges and Universities