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 […]

  • ITAR 123.22(b)(3)(iii) compliance

    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 […]

  • EAR & ITAR

    QUESTION: What is the best way to print out the EAR & ITAR from the internet?  The ECFR site has you print section by section and is not in a nice, readable PDF format.  The BIS site prints in a nice readable format, but you do have to print section by section.  Just checking if […]

  • Courier returns if ITAR goods

    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 […]

  • ITAR Broker Work from Home = Company Facility

    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 […]


    QUESTION: Companies that manufacture ITAR products in a maquiladora/IMMEX – anyone know how many do this, is it common? How do they set it up, avoid risks? **************** Answers: You will need to obtain a Manufacturing License Agreement from the DDTC. See 120.21 of the ITAR ***************From my understanding based on past experiences, rare or […]


    QUESTION: Looking for guidance from the membership.  A heatsink of standard aluminum is die cast into a very specific, unique shape on the exterior and the interior in order to allow electronics to fit inside the heatsink, and for the heatsink to fit into an end item that is a power supply.  Heatsinks are, in […]

  • Historical ITAR items

    QUESTION: In today’s export world for classification how would the membership, via the order of review classify an ITAR item invented pre-export reform using today’s export regulations/ITAR regulations, with the intent of determining if the item would still be ITAR today?  I would like the most relevant questions or go/no go criteria so that the […]


    QUESTION: Looking for a checklist of questions to ask, (or something equivalent) that are asked/used with the intent of determining if a product is ITAR controlled, or not. Can the membership please provide the top 5 most relevant questions in order of importance you would ask in order to determine if an item under review […]