• ITAR Manufacturer Definition

    Question: Hello, We are an ITAR Manufacturer, however we are looking at onboarding a vendor to provide coating services, but they are not registered with the DDTC. Can we use a non-ITAR compliance (non-registered) vendor/service provider? Answer 1: Day to day ITAR compliance is about one thing only: preventing unauthorized exports.  By handing off your […]

  • Secondary Processing of ITAR

    Question: Please provide guidance regarding any controls or exemption for vendors preforming secondary processing (such as coating application) performed on ITAR controlled components or goods. Does the vendor have to comply with ITAR controls and be DDTC registered? Please provide citations. In this case it is a US vendor. Answer 1: The only “citation” you […]

  • ITAR 126.18 exemption

    Question: Does the 126.18 exemption apply if employees are dual/TCN of 126.1 countries (e.g. China)? Whether using 126.18(c) 1 or 2 to meet the exemption, it does not seem to prohibit 126.1 nationals; is that correct? Answer 1: China does not recognize ‘dual nationality’ for its citizens even though this rule is not applied universally […]

  • Empowered Official Role and Personal Liability

    Question: I have been with the company for almost five years in the EO role, I am the one and only compliance department covering two locations and also the EO for an A&D company.  I have requested several times for a support person if nothing else train someone to support my role when I am […]

  • ITAR Compliant Logo

    Question: Thought I saw a question on this previously but it does not come up when searching the database.  Sales is asking to use a circular logo with “ITAR Compliant” on customer presentations. Inclination is to decline this request.  Welcome any good regulatory reference/data/arguments against such a claim.  We are DDTC registered, but ….. Answer […]

  • ITAR Reporting of Export Information on Technical Data

    Question: ITAR Section 123.22(b)(3)(i) states that, “[p]rior to the permanent export of technical data licensed using a Form DSP–5, the applicant shall electronically provide export information using the system for direct electronic reporting to DDTC of export information and self-validate the original of the license.” Is the system DECCS? If so, how is reporting achieved? […]

  • ITAR exports TO the USA

    Question: If foreign parties are in legal possession of US origin ITAR data (received under a license, exemption, TAA), do they need “authorization” from DDTC to send it to US PARTIES (which were not part of any original license/TAA)? Part of me has always taken the position that no authorization is needed to send to […]

  • ITAR country of birth

    Question: Am I remembering correctly that DDTC stopped looking at country of birth as part of the equation in “nationality” determination?  In looking at p 71 in the agreement guidelines that seems to be the case.    I know there is still the pending ITAR change to align with BIS in that ITAR would only […]

  • MLA/TAA Checklist

    Question: Hello, One of my foreign plants is being asked to participate in an MLA. They were sent just a standard ITAR NDA, with no real explanation of what is happening, what is ITAR etc. Since I know that this is just the first MLA, I want to have a process in place to assure […]

  • TAA Question – Technical Data and SAP

    Question: Our company considers ITAR “technical data” to extend to customer name plus customer part number with the logic that the customer part number references a specific spec.  We currently do not allow any foreign nationals to view this information in our ERP (ECP / SAP) system.  The main sticking point is the definition (or […]

  • ITAR factory audit check sheet

    Question: I need to audit a newly acquired ITAR factory.  This is our first ITAR location.  If the membership has an ITAR audit plan, check sheet, etc…. can you please provide it? Answer 1: Here’s a checklist I developed for internal self-audits.

  • Drop-ship within U.S. for export to FPPI (ITAR and AES questions)

    Question: Unrelated Company A and Company B are both located in the US and will receive separate POs from the FPPI, Company C (foreign).  Company A’s article is ITAR and Company B’s is EAR.x.   Company C requested Company A to drop-ship within the U.S. their ITAR article to Company B for integration into one system […]