ITAR Compliance

International Traffic in Arms Regulations

Ensure ITAR Compliance Easily and Efficiently.

What is ITAR?
The International Traffic in Arms Regulation (ITAR) handles the import and export of defense-centric provisions and services present on the United States Munitions List (USML). Some International Traffic in Arms Regulations (ITAR) data is categorized as a Controlled Unclassified Information (CUI) Selected data type within the state's CUI initiative.

Any article, service, or associated data discovered on the USML must be exported with an export permit granted by the US Department of State. The USML has twenty-one groupings of articles, ranging from weapons and other armaments to toxicological and bio weapons and technical information.

This Applies to the actual products on the USML, defense services, and the plans of documentation used to build or support them.

Drawings, Photographs, Software, Other documentation related to the manufacture and distribution of defense articles or services.

What is on the United States Munitions List (USML)?
  • Firearms
  • Projectors for Artillery
  • Vehicles for Launching Munitions
  • Explosives, propellants, and ignitable agents
  • Vessels of War
  • Military Vehicles/Tanks
  • Airplanes and Related Equipment
  • Military Training Supplies
  • Personal Protective Equipment
  • Electronics for the Military
  • Optical Guidance Devices, Rangefinders
  • Agents of Toxicology
  • Systems for Space
  • Nuclear Warfare Weapons
  • Classified Technical Information
  • Submersible Technology
  • Other Equipment

What Is Accounted For As Technical Data?
  • Software used to operate the device
  • Drawings
  • Algorithms
  • Technical Manuals
  • Any data on the Design, Manufacture and related use
  • Electronic Files
  • Specification Sheets

Why Must I Protect ITAR Data as a Defense Contractor?
All manufacturers, exporters, and traders of defense articles/services or associated technical data ought to be ITAR compliant, according to the federal government. Businesses that come under these requirements must sign up with the United States Directorate of Defense Trade Controls (DDTC) and understand all it takes to comply with ITAR norms.

Consider this. Most organizations prioritize CMMC, DFARS, and NIST 800-171 compliance. Regarding collaborating with the government, there are better choices than non-compliance. Furthermore, compliance aids in maintaining your data and your customer’s information secure and confidential. The current regime is trying to avoid the dissemination of sensitive data to foreign citizens through ITAR. Therefore you, too, must want to protect your nation's data just as much as you wish to protect your own.

Recommendations to Companies:
  • Study and grasp fully the USML and ITAR compliance guidelines
  • Repurpose all data into categories that are covered by USML
  • Use stringent background checks and screening to ensure the authenticity of consignees, end-users, and export parties
  • Create and carry out an awareness program for your staff members
  • Invest in training to follow the company's security protocols to the letter

How Do I Become ITAR Compliant?
For a company to become ITAR compliant there is no official accreditation process. Even so, there are specific standards that businesses must follow and adhere to.

Step 1: The very first action for a business should be to enrol with the State Department. The firm must particularly sign up with the Directorate of Defense Trade Controls (DDTC).

Step 2: Step two is for a firm to implement ITAR Standards and procedures. An Action Plan demonstrates that your business has an official ITAR compliance system in place and endeavors to a streamlined process to address these concerns.

Step 3: The third step is to ensure that your cloud hosting is ITAR accredited. You must focus on ensuring that technical specifications are not unknowingly dispersed to foreign individuals or countries. This requirement is customarily met by securing that all data centers are handled purely by US Persons in US locations and that data is not communicated beyond the United States.

However, that is no longer the only option. The State Department released a decision in March 2020 stating that businesses can consider sharing uncategorized technical data with their distribution chain or with individuals outside the USA as provided that the information is sealed with end-to-end encryption. The transfer is not regarded as an export if the information is encrypted end-to-end.

ITAR - It’s a Compliance Mechanism and Not a Certification:
Companies must be compliant as there is no certification like ISO or other industry standards. They need to be compliant with all provisions of the Arms Export Control Act and must register with the Department of State/ Directorate of Defense Trade Controls.

What are the Penalties of ITAR Non-Compliance?
The penalties for ITAR violations can include national security, prison sentence, and significant fines. It is important to bear mentally that ITAR infractions can lead not only to civil or criminal sanctions but also to incarceration or barring from prospective exports. Criminal charges can range from $1,000,000 to twenty years in prison for each violation, while civil penalties can reach $500,000 per contravention.

If you desire to discover more about managing your ITAR data and staying compliant, speak with one of our compliance experts today.

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