Exporting Defense Articles or Technical Data to a Foreign Country – The Basics of ITAR
by Gary Wilmarth


The export of all articles classified as defense articles and specifically enumerated on the United States Munitions List is governed by the US State Department's International Traffic in Arm Regulations (ITAR). ITAR requires US State Department authority to export by obtaining a license (DSP-5, DSP-73, etc.), an agreement (Technical Assistance, Manufacturing, or Distribution), or the use of an ITAR license exemption provision.


The export authority granted under the ITAR can cover defense items, technical data or foreign employees.


Licensing authority covering the export of defense articles to a foreign company permits access by all employees of that foreign company to those ITAR defense items. US State Department licensing authority covering technical data permits access to the ITAR data only by employees who are citizens of the country where the foreign company is located.


Dual citizens or citizens of third countries who are employees of the foreign company would require US State Department licensing authority only if they were to have access to or use of the US licensed ITAR technical data, technical assistance or services. This authority would be necessary only if the third country's (not the country of the foreign company or the US) employees are not approved by the current licensing authority (export license or agreement) which the foreign company has received to allow their access to the technical data.


When a third country (not the US or the country of foreign company authorized under the licensing authority) citizen employee is to have access to US ITAR technical data or technical assistance, he or she can be covered in the US export licensing request, or by an amendment filed later, as needed.

 

This publication is for informational purposes only and is not offered as legal advice as to any particular matter. No reader should act on the basis of this publication without seeking appropriate professional advice as to the particular facts and applicable law involved.

 
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