ITAR

QUESTION: If it’s a Japanese company located in California, is this Japanese company a foreign person by ITAR definition? ========== Answers: Any foreign corporation/business/organization/group not incorporated or organized under U.S. law is considered a foreign person ========== That would depend on a number of factors. Start by reviewing the California entity’s form DS-2032 as submitted […]

QUESTION: I am hoping you can advise on how to handle a repair and return export that should have qualified for and exemption but was inadvertently sent out on an export license? The license is for the same part, customer but different PO, and will now throw off our quantities for the current PO. Any […]

QUESTION: We sold ITAR controlled unit X to a foreign military, licensed – all good. The foreign military needs repairs done on that item. The repairs are on EAR99 parts of that unit X. They (the foreign military) are looking for replacement parts so they can do the repair. They put the repair out to […]

QUESTION: We have an ITAR controlled item which was broken beyond repair or use in an accident, in the US. We will be moving the item to a holding facility, also in the US, before it will be sent off for final destruction per DoD guidelines. Our question is: Do ITAR controls on this item […]

QUESTION: I have a question about subcontracting out some ITAR cutting/machining metal work to a vendor who isn’t DDTC registered. Say, hypothetically, we want subcontract out to another company to machine to spec (drawing is controlled technical data) a USML specially designed part who we know isn’t DDTC registered. We own and supply the metal […]

QUESTION: My company does not manufacture any ITAR items so I don’t have much experience in this area other than what I have learned in seminars and need the assistance of the membership We are performing a testing service of an ITAR controlled item for a Federal Government Contractor and received an Export Compliance Certification […]

QUESTION: The secure message sent from the contractor states the attachment of the email contains technical data, export of which is restricted by ITAR or EAR. My first thought was to segregate all foreign nationals in the company and not allow any access to anything involved in the project, however, when I read the Certification […]

QUESTION: We have some small ITAR controlled samples in our office and want to ship them to Pennsylvania, while we do not need a license to ship them domestically, are there any Best Practices when it comes to domestic transport? For example, we are planning to ship via a US flag carrier such as an […]

QUESTION: On marketing materials, how can one tell if a DSP-5 or DSP-73 license will be required? What is considered “technical” data exactly or public versus private? If a demo is not operating, is a license not required? ========== Answers: Is your data “required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance […]

QUESTION: We manufacture ITAR-regulated products that conform to a MIL-spec. Many product quality parameters are outlined in the spec, along with acceptable min/max values. Our customers usually get a Certificate of Analysis (CoA) by email with their product batches as proof of conformance, and this document contains data directly related to those parameters in the […]

QUESTION: When preparing a DSP-5 and using parcel carriers, do you have to list also the parcel carrier as the foreign freight forwarder section or listing them on the US Freight forwarder section enough? ***************** Answers: You wouldn’t list the US parcel carrier in the foreign freight forwarder section but there should also be a […]