ITAR

ITAR

  • ITAR 123.(4)(a) temporary import exemption for loaned equipment

    Question: I temporarily import US origin bailment equipment on loan from my foreign customers to test/make sure it works with the thing I make/sell/export. I’ve used 123.4(a) for years, but in reading it, it doesn’t specifically provide for USML goods provided purely for use/testing at my facility. It seems to fit the “spirit” of the […]

  • ITAR 123.(4)(a) temporary import exemption for loaned equipment

    Question: I temporarily import US origin bailment equipment on loan from my foreign customers to test/make sure it works with the thing I make/sell/export.  I’ve used 123.4(a) for years, but in reading it, it doesn’t specifically provide for USML goods provided purely for use/testing at my facility.  It seems to fit the “spirit” of the […]

  • Extension of Cyprus Restriction Removal

    Question: Has anyone seen the final rule or other mention in the Federal Register for the extension of the removal of Cyprus from the “presumed denial” list in 126.1? The last article I can find in the Federal Register mentions the temporary removal expiring September 30, 2022. The Secretary of the State apparently has made […]

  • DSP-5 Documentation Requirements

    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 […]

  • Courier as US IOR for ITAR shipments

    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 […]

  • ITAR and Dual Nationals

    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 […]

  • COMMINGLING ITAR AND NON ON ONE US IMPORT

    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 […]

  • ITAR EXEMPTIONS FOR NON-US PERSONS

    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 […]

  • ITAR REG AND LICENSING FOR FORWARDERS

    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 […]