ITAR

Question: Does anyone have experience submitting DSP-5 hardware applications without a supporting Purchase Order (PO)? We have a multi-year IDIQ (Indefinite Delivery, Indefinite Quantity) where the customer may be ordering 100 units this year and 1,000 next year. We would like to submit an application that encompasses the estimated maximum number of units we expect […]

Question: I am seeing one of the large couriers acting as US importer of record on shipments which are subject to ITAR (e.g. temporary imports utilizing an ITAR exemption).    I don’t think they should be doing this per the ITAR regulations, because they are not registered with DDTC and only registered parties are eligible […]

QUESTION: Our company received a customer survey asking if our company employed dual nationals (a citizen of the USA and also a citizen of another country), and would any of these dual nationals have access to export controlled defense articles or technical data.  If so, we were asked to provide the dual nationality and name […]

QUESTION: Does anyone know for certain or want to speculate on whether when making US entry, one can commingle ITAR (where an exemption/license applies) and non-ITAR goods on the same entry?  I ask because the ITAR exemption is claimed at the “header” level, not the ‘line” level.   Separating the entries would cost extra $$, so […]

QUESTION: Are foreign entities who are set up in the USA with NRI (non resident importer) status eligible to utilize ITAR exemptions for their importations to the USA?  I ask because the 122.1 registration requirements set registration as a prerequisite for obtaining licenses or using exemptions, but obviously foreign companies don’t register with DDTC.  I […]

QUESTION: ITAR 123.22(b)(3)(iii) says that if one exports tech data in physical format by shipping, using certain exemptions, that one must “provide the export data electronically to DDTC.  Such notification then must “accompany the shipment”.  For example, tech data in furtherance of a TAA is one of the exemptions that requires such notification. What is […]

QUESTION: ITAR 129.2(b) says brokering activities include export freight forwarding.  So it would seem that international freight forwarding of defense articles or services is considered brokering. ITAR 129.3(b)(2) says that those involved in the business of freight forwarding are not required to be registered with the DDTC.  So it would seem that international freight forwarders […]

QUESTION: Hello all we make a very small product that ships almost exclusively via courier as this is most cost effective.  I’m sure as we have all experienced, there is not a lot of control over how your package is handled once it has been picked up and violating the ITAR doesn’t seem to be […]

QUESTION: What are the exact semantics of claiming the ITAR 123.4(a) exemption upon US import?  There is no box/space for it on the 7501.  So how exactly is it done, since the entries are all filed to CBP electronically?  ================================================================ Answer: When Importing with a ITAR license (DSP-61 or DSP-73) or exemption, the DDTC PGA […]

QUESTION: Our company is considering hiring an EU foreign employee through an employer of record to work on business development. The ITAR brokering definitions in §129.2 state brokering activities do not include activities by a  regular employee §120.39. The prospective employee could meet most of the definitions in §120.39 (a)(2) except where the individual works […]

OT Fact Sheet: Origin Certification Requirements QUESTION: I have question in regards to submitting a TAA and TDL(Technical Assistance Agreement/Technical Data License). I currently have an active TAA for a part that was ITAR controlled at the time the TAA was created but now the part has become ECCN controlled under ECCN 9A604.x. My TAA […]